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.
New York Nomination or Selection of Guardian by Minor is a legal process that allows a minor to participate in the decision-making of who will become their legal guardian in case their parents or legal guardians pass away or become unable to fulfill their duties. This procedure is designed to ensure the best interests and welfare of the minor child. In the state of New York, there are two types of nomination or selection processes that can be followed depending on the specific circumstances: 1. Guardian Nomination by Minor: This process enables a minor child to express their preference for whom they would like to serve as their guardian in the event of their parents' incapacity or death. While the court ultimately has the final say, the minor's wishes are taken into consideration, especially if they are deemed to be of a mature age and understanding. 2. Judicial Selection of Guardian by Minor: In situations where a minor is unable or unwilling to make a nomination, or if their preference is deemed to be against their best interests, the court will appoint a guardian based on their own evaluation and assessment. The court's primary concern is to choose a guardian who can provide a safe, nurturing, and stable environment for the child. The process of nomination or selection of a guardian by a minor involves several steps: 1. Filing the Petition: The parent or legal guardian of the minor must file a petition with the Surrogate's Court in the county where they reside. This petition initiates the process and informs the court about the intention to nominate or request a judicial selection of a guardian. 2. Minor's Testimony: If the minor is of an appropriate age and level of maturity, the court may allow them to provide testimony or a written statement expressing their preferences. The court will consider these preferences, but they do not bind the court to follow them. 3. Home Study Evaluation: The court may appoint an investigator or social worker to conduct a home study evaluation, which assesses the prospective guardian's suitability. This evaluation typically includes interviews, visits to the potential guardian's home, and background checks. 4. Best Interests Determination: The court will evaluate all relevant factors, such as the minor's relationship with potential guardians, their current living situation, the ability of each potential guardian to meet the child's physical and emotional needs, and any other considerations that may impact the child's welfare. 5. Appointment of Guardian: Once the court has completed its assessment, it will make a final determination and appoint the most suitable guardian for the minor child. The appointed guardian will then assume the responsibility of caring for the child and making decisions regarding their upbringing, education, healthcare, and financial matters. It is important to note that the nomination or selection of a guardian by a minor is a complex legal process that should be navigated with the assistance of an experienced family law attorney to ensure compliance with New York state laws and maximize the chances of meeting the minor's best interests.New York Nomination or Selection of Guardian by Minor is a legal process that allows a minor to participate in the decision-making of who will become their legal guardian in case their parents or legal guardians pass away or become unable to fulfill their duties. This procedure is designed to ensure the best interests and welfare of the minor child. In the state of New York, there are two types of nomination or selection processes that can be followed depending on the specific circumstances: 1. Guardian Nomination by Minor: This process enables a minor child to express their preference for whom they would like to serve as their guardian in the event of their parents' incapacity or death. While the court ultimately has the final say, the minor's wishes are taken into consideration, especially if they are deemed to be of a mature age and understanding. 2. Judicial Selection of Guardian by Minor: In situations where a minor is unable or unwilling to make a nomination, or if their preference is deemed to be against their best interests, the court will appoint a guardian based on their own evaluation and assessment. The court's primary concern is to choose a guardian who can provide a safe, nurturing, and stable environment for the child. The process of nomination or selection of a guardian by a minor involves several steps: 1. Filing the Petition: The parent or legal guardian of the minor must file a petition with the Surrogate's Court in the county where they reside. This petition initiates the process and informs the court about the intention to nominate or request a judicial selection of a guardian. 2. Minor's Testimony: If the minor is of an appropriate age and level of maturity, the court may allow them to provide testimony or a written statement expressing their preferences. The court will consider these preferences, but they do not bind the court to follow them. 3. Home Study Evaluation: The court may appoint an investigator or social worker to conduct a home study evaluation, which assesses the prospective guardian's suitability. This evaluation typically includes interviews, visits to the potential guardian's home, and background checks. 4. Best Interests Determination: The court will evaluate all relevant factors, such as the minor's relationship with potential guardians, their current living situation, the ability of each potential guardian to meet the child's physical and emotional needs, and any other considerations that may impact the child's welfare. 5. Appointment of Guardian: Once the court has completed its assessment, it will make a final determination and appoint the most suitable guardian for the minor child. The appointed guardian will then assume the responsibility of caring for the child and making decisions regarding their upbringing, education, healthcare, and financial matters. It is important to note that the nomination or selection of a guardian by a minor is a complex legal process that should be navigated with the assistance of an experienced family law attorney to ensure compliance with New York state laws and maximize the chances of meeting the minor's best interests.
