3B :12-77. Notice of petition to child

3B :12-77.    Notice of petition to child  

    11.  Notice of a petition or designation filed with the court pursuant to this act shall be served upon the minor child for whom the standby guardianship is sought if the minor is 14 years of age or older.  Notice to a minor child less than 14 years of age shall be served at the discretion of the court.  The court may appoint a guardian ad litem or counsel to represent the child.  The court shall consider the preferences of the minor child in the appointment of a standby guardian pursuant to this act. 

  L.1995,c.76,s.11.  

3B :12-76. Petition for judicial appointment of designated standby guardian

3B :12-76.    Petition for judicial appointment of designated standby guardian  

    10.  a.  Unless a petition for judicial appointment of a standby guardian is made by the designator or the designated standby guardian, the designation made under section 8 of this act shall expire six months from the date of the written designation. 

  b.  In a proceeding for judicial appointment of a designated standby guardian, a designation shall constitute a rebuttable presumption that the designated standby guardian is capable of serving as guardian.  In the event of the designator's death, a designation shall be deemed to confer a preference upon the designated standby guardian for the choice of a permanent guardian, notwithstanding any law to the contrary, subject to the rights of the other parent. 

  c.  Except as set forth in this section, the petition for the judicial appointment of a designated standby guardian shall comply with the procedure set forth in section 6 of this act. 

  L.1995,c.76,s.10.  

3B :12-75. Immediate assumption of duties of designated standby guardian; revocation

3B :12-75.    Immediate assumption of duties of designated standby guardian; revocation  

    9.  a.  Upon the occurrence of the triggering event stated in the written designation executed pursuant to section 8 of this act, the designated standby guardian shall be empowered to assume the duties of his office immediately. 

  b.  If the triggering event is the designator's incapacity or debilitation, a copy of the attending physician's determination shall be provided to the designated standby guardian if the guardian's identity is known to the attending physician. 

  c.  A designated standby guardian may decline the designation at any time before the assumption of his duties by notifying the designator of this refusal in writing. 

  d.  Commencement of the designated standby guardian's duties shall confer upon the designated standby guardian shared authority with the custodial parent or legal custodian of the minor child, unless the designation of the parent or legal custodian states otherwise. 

  e.  A designator may revoke a designation of standby guardianship by notifying the designated standby guardian orally or in writing or by any other act evidencing a specific intent to revoke the designation. 

  L.1995,c.76,s.9. 

3B :12-74. Designation of standby guardian by parent

3B :12-74.    Designation of standby guardian by parent  

    8.  a.  When the consent of a parent or legal custodian for the execution of a power of attorney delegating another person to exercise the parent's or legal custodian's powers is not appropriate or is unavailable pursuant to N.J.S.3B:12-39, the other parent or legal custodian may execute a written statement to designate a standby guardian, as follows:

  (1)  The parent or legal custodian may choose a standby guardian by means of a written designation that names the standby guardian in the event of the designator's death, incapacity or debilitation. The written designation shall reasonably identify the designator, the minor child and the standby guardian.

  (2)  A written designation pursuant to this section shall be signed by the designator in the presence of two witnesses who shall also sign the designation.  Another person may sign the written designation on the parent's or legal custodian's behalf if the parent or legal custodian is physically unable to do so, provided the designation is signed at the express request of the parent or legal custodian and in the presence of the parent or legal custodian and two witnesses.

  (3)  The designation shall state the triggering event by which the parent or legal custodian intends the designated standby guardianship of the minor child to be activated.

  (4)  A parent or legal custodian may designate an alternate standby guardian in the same document, and by the same manner, as the designation of a standby guardian.

  b.  A designation may, but need not, be in the following form:

                  DESIGNATION OF STANDBY GUARDIAN

  I, (name of parent or legal custodian) hereby name (name, home address and telephone number of standby guardian) as designated standby guardian of (name of child(ren)), my child(ren).

  By this consent and designation, I am providing that the designated standby guardian's authority shall take effect if and when the following event or events occur:  (choose as follows):

  (1)  my attending physician concludes that I am mentally incapacitated, and thus unable to care for my child(ren); or

  (2)  my attending physician concludes that I am physically debilitated, and thus unable to care for my child(ren), and I consent in writing before two witnesses to the designated standby guardian's authority taking effect; or

  (3)  upon my death.



  In the event that the person designated above is unable or unwilling to act as guardian to my child(ren), I hereby name (name, address and telephone number of alternate designated standby guardian), as alternate designated standby guardian of my child(ren).

  I understand that this designation will expire six months from the date of this designation, and that the authority of the designated standby guardian, if any, will cease, unless by that date either I or the designated standby guardian petitions the court for appointment as standby guardian pursuant to section 6 of P.L.1995, c.76 (C.3B:12-72 ).

  I hereby authorize that the person designated standby guardian as set forth above shall be provided with a copy of the attending physician's statement.

  In the event that I am incapacitated or debilitated and a designated standby guardianship is activated pursuant to this statement, I declare that it is my intention to retain full parental rights to the extent consistent with my condition and, further, that I retain the authority to revoke the designated standby guardianship consistent with my rights herein at any time.

   esignator's Signature:                               

Witness' Signature:                                   

Address:                                               

Date:                                                 

Witness' Signature:                                   

Address:                                               

Date:                                                 



  c.  Nothing in this section shall be construed to involuntarily deprive any parent of parental rights.

  L.1995,c.76,s.8.  

3B :12-73. Immediate assumption of duties of appointed standby guardian; revocation in writing

3B :12-73.    Immediate assumption of duties of appointed standby guardian; revocation in writing  

    7.  a.  Upon the occurrence of a triggering event set forth in a decree appointing a standby guardian, the standby guardian shall be empowered to assume the duties of his office immediately. 

  b.  If the triggering event is the incapacity or debilitation of the parent or legal custodian, the attending physician shall provide a copy of his determination to the appointed standby guardian if the guardian's identity is known to the attending physician. 

  c.  Within 60 days following the assumption of guardianship duties, the appointed standby guardian shall petition the court for confirmation.  The confirmation petition shall include a determination of incapacity or debilitation or a death certificate, as appropriate. 

  d.  The court shall confirm an appointed standby guardian named in accordance with this act and otherwise qualified to serve as guardian pursuant to N.J.S.3B:12-1 et seq. unless there is a judicial determination of unfitness with regard to the appointed standby guardian. 

  e.  A standby guardian appointed pursuant to section 6 of this act may decline appointment at any time before the assumption of his duties by filing a written statement to that effect with the court, with notice to be provided to the petitioner and to the minor child if the latter is 14 years of age or older. 

  f.  Commencement of the duties of the standby guardian shall confer upon the appointed standby guardian shared authority with the custodial parent or legal custodian of the minor child, unless the petition states otherwise. 

  g.  A parent or legal custodian may revoke a standby guardianship by executing a written revocation, filing it with the court where the petition was filed, and promptly notifying the appointed standby guardian of the revocation.  An unwritten revocation may be considered by the court if the revocation can be proved by clear and convincing evidence submitted to the court. 

  L.1995,c.76,s.7.  

3B :12-72 . Appointment of standby guardian by court

3B :12-72 .    Appointment of standby guardian by court  

    6.  a.  Upon petition of the parent, legal custodian or designated standby guardian, the court may appoint a standby guardian of a minor child.  The court may also appoint an alternate standby guardian, if identified by the petitioner, to act if the appointed standby guardian dies, becomes incapacitated, or otherwise refuses or is unable to assume the duties of the standby guardian after the death, incapacity or debilitation of the parent or legal custodian of the minor child. 

  b.  A petition for the judicial appointment of a standby guardian of a minor child shall state: 

  (1)  which triggering event or events shall cause the authority of the appointed standby guardian to become effective; 

  (2)  that there is a significant risk that the parent or legal custodian will die, become incapacitated, or become debilitated as a result of a progressive chronic condition or a fatal illness; however, a petitioner shall not be required to submit medical documentation of the parent's or legal custodian's terminal status by his attending physician; and 

  (3)  the name, address, and qualifications of the proposed standby guardian. 

  c.  A parent or legal custodian petitioning the court pursuant to this section shall not be required to appear in court if unable to appear, except upon motion of the court or by any party and for good cause shown. 

  d.  The court shall appoint the standby guardian if the court finds that there is a significant risk that the parent or legal custodian will die, become incapacitated, or become debilitated as a result of a progressive chronic condition or a fatal illness, and that the interests of the minor child would be promoted by the appointment of the standby guardian. 

  e.  The decree appointing the standby guardian shall specify the triggering event which shall activate the authority of the standby guardian. 

  f.  Upon petition for the appointment of a standby guardian by a person as specified in subsection a. of this section, notice shall be served on the minor child's parent or legal custodian, or the designated standby guardian, as appropriate, within 30 days of the filing.  The court shall give preference to maintaining custody with either the parent or legal custodian, or the designated standby guardian, during the time that the petition is pending. Nothing in this section shall be construed to deprive any parent of parental rights.  If the petition alleges that after diligent search, the parent or legal custodian cannot be found, the parent or legal custodian shall be served by notice delivered pursuant to New Jersey court rules.  No notice is necessary to a parent who is deceased or whose parental rights have been previously terminated by court order or consent. 

  L.1995,c.76,s.6.