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.
Title: New Hampshire Nomination or Selection of Guardian by Minor: Explained in Depth Introduction: In the state of New Hampshire, the nomination or selection of a guardian by a minor is an important legal process that aims to ensure the care and protection of a minor in the event their parents or legal guardians are unable to fulfill their responsibilities. This detailed description explores the key aspects of this process and its significance in different scenarios. 1. What is the New Hampshire Nomination or Selection of Guardian by Minor? The New Hampshire Nomination or Selection of Guardian by Minor is a legal procedure that allows minors (individuals under the age of 18) to participate in the selection of a guardian who will assume responsibility for their care and well-being if their parents are deceased, incapacitated, or unable to fulfill their parental duties. 2. Importance of Nomination or Selection of Guardian by Minor: The nomination or selection of a guardian by a minor is an essential safeguard for children, ensuring their best interests are protected should unforeseen circumstances arise. It empowers minors to have a say in a critical aspect of their future, allowing them to express their preferences concerning their potential guardian. 3. Types of New Hampshire Nomination or Selection of Guardian by Minor: a. Testamentary Nomination: Testamentary nomination is a form of nomination of a guardian made by a minor through their will, indicating their preference for a specific individual or family to act as their guardian should the need arise. b. Non-Testamentary Nomination: Non-testamentary nomination refers to the selection of a guardian by a minor through a document other than a will. This can include a written statement or a judicially approved document expressing the minor's desire for a particular person to serve as their guardian. 4. Process of New Hampshire Nomination or Selection of Guardian by Minor: a. Testamentary Nomination: To make a testamentary nomination, the minor must be at least 14 years old and of sound mind. The nomination must be made in writing, signed by the minor, and witnessed by two individuals who are not related to the minor by blood or marriage. The nomination becomes effective upon the death or incapacity of both parents. b. Non-Testamentary Nomination: A non-testamentary nomination can be made by a minor of any age with the consent of their parents or the court. This nomination is typically made using a written statement signed by the minor, expressing their preference for a specific guardian. Conclusion: The New Hampshire Nomination or Selection of Guardian by Minor is a crucial legal process that empowers minors to have a say in determining their future guardians. By allowing minors to make their preferences known, this process ensures that their best interests are upheld in potentially difficult circumstances. Whether through testamentary or non-testamentary nominations, New Hampshire law seeks to prioritize the well-being and care of minors.
