Sponsored by:
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
SYNOPSIS
Revises law concerning standby guardianship for minor child or ward.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning standby guardianship and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.3B:12-39 is amended to read as follows:
3B:12-39. Delegation of parent's, custodian s, or guardian's powers regarding child s or ward's care, custody or property; limitations.
a. [A] (1) A parent, other than where sole or full legal and physical custody of [a] the parent s minor child has been awarded to another by a court of competent jurisdiction, may with the consent of the other parent, [if the latter is living and not an incapacitated person] unless the other parent is deceased, incapacitated, or unavailable, or
(2) a custodian of a minor child who is not that child s parent may, with the consent of a parent with whom the custodian shares legal custody, unless that parent is deceased, incapacitated, or unavailable, or
(3) a guardian of the person of a minor or an incapacitated person[,] may:
by a properly executed power of attorney, [may] delegate to another person[, for a period not exceeding six months,] any of his powers regarding care, custody, or property of the minor child or ward[, except his power to consent to marriage or adoption of a minor ward].
b. A delegation made under this section shall expire one year from the effective date of the properly executed power of attorney, provided however that the parent, custodian, or guardian shall be permitted to renew the delegation for additional one-year periods using the same process as applies to the original delegation.
c. A delegation made under this section may become effective upon proper execution of the power of attorney or upon another triggering event specified in a properly executed power of attorney.
d. A parent, custodian, or guardian may revoke a delegation made under this section by notifying the attorney-in-fact named in the power of attorney orally, in writing, or by any other act evidencing a specific intent to revoke the power of attorney.
e. A parent, custodian, or guardian may delegate under this section only such powers as he possesses.
f. A delegation made under this section shall not deprive the parent, custodian, or guardian of his existing powers regarding care, custody, or property of the minor child or ward, but the parent, custodian, or guardian shall exercise such powers, insofar as he is able, concurrently with the attorney-in-fact named in the power of attorney.
g. Nothing in this section shall be construed to involuntarily deprive any parent of parental rights.
h. As used in this section:
Attending physician means the physician who has primary responsibility for the treatment and care for the parent, custodian, or guardian making the delegation. When more than one physician shares this responsibility, or when a physician is acting on the primary physician's behalf, any such physician may act as the attending physician pursuant to this section. When no physician has this responsibility, a physician who is familiar with the parent s, custodian s, or legal guardian s medical condition may act as the attending physician.
Attorney-in-fact means the person to whom a parent, custodian, or guardian delegates powers under a properly executed power of attorney pursuant to this section.
"Consent" means written consent of a non-delegating parent as evidenced by that person s signature on the power of attorney, in the presence of two witnesses.
Criminal proceeding means any incarceration on criminal charges, including pending charges, or a criminal sentence that separates a parent, custodian, or guardian from a minor child or ward.
Custodian means a person, other than a parent, who has been granted legal and physical custody of a minor child by a court of competent jurisdiction.
Debilitated means the parent, custodian, or guardian has a chronic and substantial inability, as a result of a physically debilitating illness, disease, or injury, to care for the parent s, custodian s, or guardian s minor child or ward.
Guardian means a person appointed by a court of competent jurisdiction as a guardian of the person of a minor or an incapacitated person, including but not limited to a kinship legal guardian.
Immigration administrative action means any immigration proceeding, enforcement action, detention, removal, or deportation that separates a parent, custodian, or guardian from a minor child or ward.
Incapacitated means the parent, custodian, or guardian has a chronic and substantial inability, as a result of mental or physical impairment, to understand the nature and consequences of decisions concerning the care of the parent s, custodian s, or guardian s minor child or ward, and a consequent inability to make these decisions.
Military service means duty by any person in the active military service of the United States or the active military service of the State, including in the National Guard or State Guard, that separates a parent, custodian, or guardian from a minor child or ward.
"Minor child" means a child under the age of 18 years but excludes a child residing in a placement funded or approved by the Division of Child Protection and Permanency in the Department of Children and Families pursuant to either a voluntary placement agreement or court order.
Parent means the biological or adoptive parent of a minor child.
"Triggering event" means an event stated in the delegation that empowers the attorney-in-fact to assume the duties of the office. Triggering events include, but are not limited to: (1) the execution of a power of attorney pursuant to this section; (2) the parent s, custodian s, or guardian s attending physician concludes that the parent, custodian, or guardian is incapacitated as defined in this section; (3) the parent s, custodian s, or guardian s attending physician concludes that the parent, custodian, or guardian is debilitated