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.
Maine Nomination or Selection of Guardian by Minor is a legal process that allows minors in the state of Maine to have a say in determining who will become their guardian in the event that their parents or legal guardians pass away or become incapacitated. This process is essential for ensuring the well-being and protection of minors and provides them with a voice in determining their future. The nomination or selection of a guardian by a minor is a significant decision that requires careful consideration. Maine's law recognizes that minors who are at least 14 years of age and have sufficient understanding can have a say in the selection process. This empowers minors and allows them to express their preferences regarding the person they believe will be the most suitable guardian for them. The process begins with the minor expressing their desire to nominate or select a guardian. This can be done through verbal or written communication, and it is important for the minor to clearly indicate their choice, providing reasons for their selection. The minor's preferences are then taken into account by the court when determining who will ultimately become their guardian. Maine recognizes two specific types of nomination or selection of guardian by a minor: 1. Standalone Nomination: This is a situation where a minor, who is at least 14 years old, chooses a guardian for themselves and expresses their wishes directly to the court. The minor's preference is given serious consideration, but the court ultimately makes the final decision, considering the minor's best interests. 2. Combined Nomination with Parental Consent: In some cases, minors may opt to nominate a guardian who is different from the person chosen by their parents. In such situations, parental consent is required. If the minor and parents agree on the choice, the court usually appoints the nominated guardian. However, if there is a disagreement between the minor and parents, the court will conduct a hearing to determine the best interests of the minor and make the final decision. It is important to note that the court's primary concern in these cases is the welfare and best interests of the minor. The court examines the qualifications, capabilities, and relationship between the nominated guardian and the minor. Factors such as stability, financial ability, and emotional support are considered during the selection process. In conclusion, the Maine Nomination or Selection of Guardian by Minor provides minors aged 14 and above with the opportunity to express their preference for a guardian should the need arise. This legal process ensures that the minor's voice is heard, and their best interests are taken into consideration when determining their future guardian. Both standalone nominations and combined nominations with parental consent are recognized in Maine, each involving its own unique considerations and procedures.
