2022 New Jersey Revised Statutes
Title 3B - Administration of Estates--Decedents and Others
Section 3B:12-73 - Immediate assumption of duties of appointed standby guardian; revocation in writing.
3B:12-73 Immediate assumption of duties of appointed standby guardian; revocation in writing.
7. a. Upon the occurrence of an activating event set forth in a decree appointing a standby guardian, the standby guardian shall be immediately empowered to assume guardianship duties.
b. (Deleted by amendment, P.L.2021, c.192)
c. Within 90 days following the assumption of guardianship duties, the appointed standby guardian shall petition the court for confirmation. The confirmation petition shall include a determination that the activating event has occurred.
d. The court shall confirm an appointed standby guardian named in accordance with this act and otherwise qualified to serve as guardian pursuant to N.J.S.3B:12-1 et seq. unless there is a judicial determination of unfitness with regard to the appointed standby guardian.
e. A standby guardian appointed pursuant to section 6 of P.L.1995, c.76 (C.3B:12-72) may decline appointment at any time before the assumption of standby guardianship duties by filing a written statement to that effect with the court, with notice to be provided to the petitioner and to the minor child or minor ward if the child or ward is 14 years of age or older.
f. Commencement of the duties of the standby guardian shall confer upon the appointed standby guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise.
g. A parent, custodian, or guardian may revoke a standby guardianship by executing a written revocation, filing it with the court where the petition was filed, and promptly notifying the appointed standby guardian of the revocation. An unwritten revocation may be considered by the court if the revocation can be proved by clear and convincing evidence submitted to the court.
L.1995, c.76, s.7; amended 2021, c.192, s.5.
