Louisiana Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03328BG
Format:
Word; 
Rich Text
Instant download

Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Overview of Adult Legal Guardianship in Louisiana A probate court usually appoints anyone as a legal guardian. Guardianships authorize a court-appointed guardian to make choices for another person (ward). Legal guardianship is the relationship between a ward and a guardian.

Art. 719. Guardianships, although not as legally durable as adoption, can provide permanency for a child. Guardianships may provide more expedient permanency than adoption since they do not require termination of parental rights.

In an adoption, the court formally removes the previous parents' rights and transfers them to you. Meanwhile, in a guardianship situation, the original parents still have their rights. Not only can they make decisions for the child, but they can potentially terminate the guardianship.

Only the Parent or Current Guardian of the Child or Minor may delegate Power over the Child or Minor in their care to another individual. This will occur in the declaration statement.

However, the only time someone is officially named a guardian in Louisiana is after a child has been found to be a Child in Need of Care. Once this determination is made, the court can order the placement of a child with a guardian.

The grounds for termination of parental rights are: (1) Conviction of murder of the child's other parent. (2) Unjustified intentional killing of the child's other parent. (3) Conviction of a sex offense as defined in R.S.

Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.

There are several different types of legal custody in Louisiana. They are provisional transfer of custody by mandate, voluntary transfer of custody by court order, tutorship, court ordered when the child is in state custody and court ordered when the child is in the parent's custody.

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Louisiana Notice to Minor to Nominate or Select Guardian