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.
Wake North Carolina Nomination or Selection of Guardian by Minor is a legal process that allows a minor to choose who they want to be their guardian in case their parents are incapacitated or pass away. This ensures that the minor's best interests are protected and that they are placed under the care of a trusted individual or family member. The nomination or selection of a guardian by a minor is an important decision that takes into consideration the minor's preferences and the character and suitability of the potential guardian. It is a thoughtful process aimed at securing the minor's well-being and overall development. In Wake County, North Carolina, there are different types of Wake North Carolina Nomination or Selection of Guardian by Minor, including: 1. Testamentary Nomination by Minor: This type of nomination is made through a will or codicil created by the minor's parent or legal guardian. The minor identifies their preferred guardian, and the court considers this nomination when making a decision. 2. Nomination by a Minor of Sufficient Age and Maturity: In some cases, minors who are deemed to have sufficient age and maturity can directly express their preference for a guardian in a written document. The court will take this nomination into account along with other relevant factors. 3. Guardian Ad Item or Attorney Advocate Nomination: If the minor is unable or unwilling to express a preference, the court may appoint a Guardian Ad Item or an Attorney Advocate to investigate the situation and determine the most suitable guardian on behalf of the child. 4. Temporary Guardian Nomination: This type of nomination is used to appoint a temporary guardian for the minor during the pendency of legal proceedings, usually when there is an immediate need for a guardian, but a permanent decision has not yet been made. The Wake North Carolina Nomination or Selection of Guardian by Minor process involves submitting the necessary legal documents, including the minor's nomination, to the court and attending hearings as required. The court will carefully consider the minor's preference, but ultimately the decision on guardianship will be based on what is in the best interest of the minor. It is important to consult with an experienced attorney in Wake County, North Carolina, who can guide the minor and their family through the nomination or selection process and ensure that the minor's wishes and best interests are adequately represented in court.Wake North Carolina Nomination or Selection of Guardian by Minor is a legal process that allows a minor to choose who they want to be their guardian in case their parents are incapacitated or pass away. This ensures that the minor's best interests are protected and that they are placed under the care of a trusted individual or family member. The nomination or selection of a guardian by a minor is an important decision that takes into consideration the minor's preferences and the character and suitability of the potential guardian. It is a thoughtful process aimed at securing the minor's well-being and overall development. In Wake County, North Carolina, there are different types of Wake North Carolina Nomination or Selection of Guardian by Minor, including: 1. Testamentary Nomination by Minor: This type of nomination is made through a will or codicil created by the minor's parent or legal guardian. The minor identifies their preferred guardian, and the court considers this nomination when making a decision. 2. Nomination by a Minor of Sufficient Age and Maturity: In some cases, minors who are deemed to have sufficient age and maturity can directly express their preference for a guardian in a written document. The court will take this nomination into account along with other relevant factors. 3. Guardian Ad Item or Attorney Advocate Nomination: If the minor is unable or unwilling to express a preference, the court may appoint a Guardian Ad Item or an Attorney Advocate to investigate the situation and determine the most suitable guardian on behalf of the child. 4. Temporary Guardian Nomination: This type of nomination is used to appoint a temporary guardian for the minor during the pendency of legal proceedings, usually when there is an immediate need for a guardian, but a permanent decision has not yet been made. The Wake North Carolina Nomination or Selection of Guardian by Minor process involves submitting the necessary legal documents, including the minor's nomination, to the court and attending hearings as required. The court will carefully consider the minor's preference, but ultimately the decision on guardianship will be based on what is in the best interest of the minor. It is important to consult with an experienced attorney in Wake County, North Carolina, who can guide the minor and their family through the nomination or selection process and ensure that the minor's wishes and best interests are adequately represented in court.