Rhode Island Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03328BG
Format:
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

[ gahr-dee-uhn ad lahy-tuhm ] show ipa. nounLaw. a person appointed by a court as guardian of an infant, child, or other person to act on their behalf in a particular action or proceeding.

In Rhode Island, city and town Probate Courts oversee the guardianship process and issue guardianship orders. The process of obtaining guardianship and the requirements for granting guardianship are established by state law. After a court appointment, the guardian becomes a substitute decision-maker for the ward.

A legal guardian cannot pass along their own inheritance to the child in their custody unless a special provision is made in their will. Adoption, on the other hand, is a process that legally terminates the rights of a child's legal or biological parents as they are placed into the custody of new adoptive parents.

Someone must step forward to petition the probate court to become the Guardian for the individual. The individual and their family must be notified of the petition by the court. A guardian-ad-litum will meet with the individual to assess what the individual may want and what may be in the persons best interest.

The Guardian ad litem in a pending case shall protect the interests of the child who is a witness in any judicial proceeding related to the case in which the Guardian ad litem has been appointed. The Guardian ad litem shall explain, when appropriate, the Court proceedings and process to the child.

Unlike other states, Rhode Island law does not differentiate between guardianship over the person and guardianship over the estate. As noted above, Rhode Island has a limited guardianship law, which generally focuses on four areas of decision-making capacity: finances, health care, relationships, and residence.

The non-custodial parent is provided written notice ten (10) days prior to the release of in- formation to allow him/her an opportunity to contest. Any past due child support accrues interest at 12% annually or 1% per month on the unpaid balance.

In the interview and in every call with the evaluator, try to be polite and calm. You can ask questions and disagree politely if you have to. Try not to lose your temper, even if you think the evaluator is rude to you. The GAL will not have much time to get to know you.

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Rhode Island Notice to Minor to Nominate or Select Guardian