The bill amends N.J.S.3B:12-39 to enhance the provisions regarding the emergency delegation of parental care for minor children. It allows parents, custodians, or guardians to delegate their authority concerning the care, custody, or property of a minor child through a power of attorney that does not require notarization and can be executed outside of New Jersey if the child resides in the state. In cases where a power of attorney has not been established, an attorney-at-law can designate a delegate on behalf of the parent, custodian, or guardian, provided there is a bona fide attorney-client relationship and necessary consent. The bill also stipulates that any delegation will expire one year from the date of the attorney attestation or execution of the power of attorney, with options for renewal in exigent circumstances.
Additionally, the bill introduces a mechanism for designating a delegate in situations where the parent, custodian, or guardian becomes unavailable due to an activating event, allowing an attorney to sign an attestation confirming the parent's authorization for delegation. The attorney's attestation must include specific details such as the child's information and the terms of the delegation, ensuring that consent is given knowingly and voluntarily. The bill also provides civil and criminal immunity for individuals acting in good faith based on the delegation or attorney attestation, thereby protecting those who rely on these legal provisions.