Revocation of Designation of Standby Guardian
STATUTORY REFERENCE
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.
Form
The statutory form is not required.
Revocation
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.
Note: All Information and Previews are subject to the
Disclaimer located on the main forms page, and also linked at the bottom
of all search results.