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.
Missouri Nomination or Selection of Guardian by Minor is a legal process that allows a minor to express their preference for whom they would like to serve as their legal guardian in the event their parents are unable to care for them. This process ensures that a minor's best interests are protected and that they have a say in determining their future custodial arrangements. In Missouri, there are two main types of nomination or selection of guardian by a minor: 1. Informal Preferences: This refers to cases where a minor expresses their preference for a particular individual to be their guardian. Although these preferences are not legally binding, they hold significant weight in court proceedings. Judges consider the minor's opinion along with other pertinent factors when making a final determination. 2. Court Proceedings: If the minor's parents are unable to care for them due to death, incapacity, or other reasons, a formal court proceeding becomes necessary. This involves the appointment of a guardian to assume legal responsibility for the minor's well-being. The court considers the minor's preference, but ultimately decides what arrangement is in their best interest. The court may appoint an individual nominated by the minor as the guardian if it is deemed to be in their best interest. It is important to note that Missouri courts prioritize the best interests of the child above all else and may appoint a guardian who may not align with the minor's preference if it is determined to be in their best interest. Keywords: Missouri, nomination or selection of guardian by minor, legal process, minor's preference, minor's best interests, custodial arrangements, informal preferences, court proceedings, appointment of a guardian, well-being, legal responsibility, court's decision.
