Guardianship – General – New Jersey
ALL REFERENCES ARE TO THE NEW JERSEY PERMANENT STATUTES
REVOCATION OF DESIGNATION OF STANDBY GUARDIAN
(§§ 3B:12-74, 3B:12-75)
Designation of Standby Guardian
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, the other parent or legal custodian may execute a written statement to designate a standby guardian.
A 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. 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.
A written designation must be signed by the designator in the presence of two witnesses. The witnesses must 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.
The designation must state a triggering event by which the parent or legal custodian intends the designated standby guardianship of the minor child to be activated.
The statutory form is not required.
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.
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