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.
Designator'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.
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