3B:12-72 Appointment of standby guardian by court.
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/nj/title-3b/chapter-12/3b-12-72·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
6. a. Upon petition of a parent, custodian, guardian, or attorney-in-fact appointed pursuant to N.J.S.3B:12-39, the court may appoint a standby guardian of a minor child or minor ward. The court may also appoint an alternate standby guardian, if identified by the petitioner, to act if the appointed standby guardian dies, becomes incapacitated, or otherwise refuses or is unable to assume the duties of the standby guardian after the activating event stated in the petition.
b. A petition for the judicial appointment of a standby guardian of a minor child or minor ward shall state:
(1)which activating event or events shall cause the authority of the appointed standby guardian to become effective;
(2)the name and address of the proposed standby guardian; and
(3)the qualifications of the proposed standby guardian.
c. A parent, custodian, or guardian petitioning the court pursuant to this section shall not be required to appear in court if unable to appear, except upon motion of the court or by any party and for good cause shown.
d. The court shall appoint the standby guardian if the court finds that the proposed standby guardian is fit and willing to assume the duties of that role, and that the interests of the minor child or ward would be promoted by the appointment of the standby guardian.
e. The decree appointing the standby guardian shall specify the activating event which shall activate the authority of the standby guardian.
f. Upon petition for the appointment of a standby guardian by a person as specified in subsection a. of this section, notice shall be served on the minor child's parent, custodian, guardian, or attorney-in-fact appointed pursuant to N.J.S.3B:12-39, as appropriate, within 30 days of the filing. During the time that the petition is pending, the court shall give preference to maintaining custody with whoever had custody of the minor child or minor ward at the time the petition was filed.
Nothing in this section shall be construed to deprive any parent of parental rights. If the petition alleges that after diligent search, the parent, custodian, or guardian cannot be found, the parent, custodian, or guardian shall be served by notice delivered pursuant to New Jersey court rules. No notice is necessary to a person who is deceased or to a parent whose parental rights have been previously terminated by court order or consent.
L.1995, c.76, s.6; amended 2021, c.192, s.4.