Maine Nomination or Selection of Guardian by Minor

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Multi-State
Control #:
US-03327BG
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Word; 
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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

A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.

A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future. The appointment may specify the desired limitations on the powers to be given to the guardian. The appointing parent may revoke or amend the appointment before confirmation by the court.

Guardians are appointed when a court determines that an individual is at risk because they cannot make decisions for themselves and there is no less restrictive way to meet the individual's needs. Guardianship may remove a broad spectrum of rights from the individual.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

A guardian with full authority has the power to: Establish where the ward will live, within the state or elsewhere with court's permission; Arrange for the ward's medical care; Take care of the ward's personal effects (clothing, furniture, vehicles, personal items, etc.);

A Guardian is chosen based on two criteria, they can wield the Light and they performed certain deeds in their former life that make them suited to be Guardians.

Parents should determine the criteria for an ideal guardian and choose potential candidates. Next, they should consider each candidate's relationship with the children, financial/emotional stability, and willingness to take on the role.

Legal guardians have custody of the child and the authority to make decisions concerning the child's protection, education, care, discipline, etc. Legal guardianship is assigned by a court, such as a family court, ing to state laws.

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Maine Nomination or Selection of Guardian by Minor