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.
Maryland Nomination or Selection of Guardian by Minor is a legal process that allows a minor, who is under the age of 18, to nominate or select a guardian in the event of their parent or legal guardian's death. This ensures that the minor's best interests and welfare are protected and that there is a responsible adult appointed to care for them. The nomination or selection of a guardian by a minor is an important part of Maryland's family law system, and it provides the minor with a voice in the decision-making process. It allows them to have a say in determining who will be responsible for their well-being, both on a day-to-day basis and in making significant decisions regarding their upbringing. There are two types of Maryland Nomination or Selection of Guardian by Minor: 1. Informal Nomination: In this type, a minor can express their preferences for a guardian in a private document, such as a letter, or by informing a trusted adult or family member of their wishes. Although an informal nomination may not be legally binding, it can certainly serve as valuable guidance for the court when making a final decision. 2. Formal Nomination: This type requires the minor to make a formal nomination in writing, which needs to meet certain legal requirements. This nomination must be signed by the minor in the presence of two witnesses who are not beneficiaries or potential guardians. The formal nomination is then filed with the court. The Maryland courts will consider the minor's nomination when determining the most suitable guardian. However, the court ultimately has the final authority to select a guardian based on what they deem to be in the best interests of the child. Factors such as the guardian's relationship with the child, their ability to care for the child, stability, and commitment to the child's welfare will be taken into consideration. It is crucial to consult with a qualified attorney who specializes in family law to navigate through the process of Maryland Nomination or Selection of Guardian by Minor. They can provide guidance on the legal requirements, help prepare the necessary documents, and advocate for the minor's best interests in court. In conclusion, Maryland Nomination or Selection of Guardian by Minor is a significant legal process that empowers minors to have a voice in determining who will care for them if their parents or legal guardians are unable to do so. Both informal and formal nominations allow minors to express their preferences, and while the court has the final say, they consider the minor's wishes when selecting a guardian.
