Can a minor choose their own guardian?
In Georgia, the short answer to the question “can a minor choose their own guardian?” is no. Generally, the court makes the final decision on guardianship. When filing for guardianship, the court will attempt to name a guardian who can best respond to the minor’s physical, emotional, and educational needs. When the court makes its decision, the court looks at the best interest of the minor and tries to find the best arrangement for the minor’s care and well-being. When making its ruling, the court takes into account different factors, including the wishes of the minor, the financial and emotional capability of the guardian to provide care, and any special needs the minor may have. Although the minor has no legal right in Georgia to choose their guardian, the court will often consider the minor’s wishes when making a decision in a guardianship case. The court may also take into account any statements the minor may make regarding their preference for a guardian. In rare cases, the court might even appoint a guardian of the minor’s choice. Ultimately, although a minor cannot choose their own guardian, they can still make their wishes known to the court and offer reasons as to why they think a particular person would make a good guardian for them.
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