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New Jersey Minor Child (Parent) Power of Attorney Form

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New Jersey Minor Child (Parent) Power of Attorney Form, also known as the ‘Designation of Standby Guardian’, is a form that allows you to designate someone to be your child’s caretaker. The paperwork used for this appointment will contain the language necessary to grant the caretaker you name with principal power. This enables the caretaker to make choices for the child with parental/guardian authority over his or her medical decisions, educational decisions, and financial decisions when the principal is unable to make decisions, act, and/or communicate. This can provide a certain peace of mind since maintaining a child/minor’s welfare sometimes requires immediate attention. Once this paperwork is in place, this attention can be delivered on behalf of the principal even when he or she is incapacitated.

Laws – Section 3B:12-74

How to Write

1 – Access The Standby Guardian Appointment Provided

Find the preview image on this page. This will give you an opportunity to review the first page of this form. When ready, select the button under the picture to obtain a copy in a workable or printable file format.

2 – Supplement This Appointment Declaration With The Requested Information

This paperwork contains the necessary language to structure a delegation of Standby Guardian Powers however, it will need the information that is specific to the individuals involved. To begin, record the Legal Name of the Child’s Parent or Current Custodian on the first blank line on page one.  

The Legal Name of the intended Standby Guardian, who will assume Guardian Powers according to this paperwork, should be clearly presented on the second blank space of this page.

The Complete Residential Address and Current Phone Number of the Standby Guardian should be recorded across the next two blank spaces.

Below this will be a set of blank lines across two columns. Each will be separated by the words “Born On.” List the Full Name of each Child who the Standby Guardian will assume Guardian Authority over on the blank space before the words “Born On” then that Child’s Birth Date on the blank space following these words.

3 – Present The Circumstances When The Standy Guardian Should Assume Guardian Authority

Our next task will be to solidify the Parent or Custodian Preferences on when precisely the Standby Guardian will be expected and able to accept Guardian Authority over the child. To fulfill this purpose, three choices have been presented. The Parent or Custodian should initial the blank line and mark the check box corresponding to the statement that best describes when the Guardian Powers in this form are active. The Parent or Custodian may only choose one of these choices.

If the Standby Guardian should be granted Guardian Powers upon the Parent or Current Custodian is presented with a Physician’s Diagnosis of being mentally incapacitated, then he or she should initial and check Choice A.

If the Standby Guardian should only be expected to assume Guardian Powers when the Parent or Current Custodian is diagnosed as Physically debilitated and he or she has issued a written appointment before two WItnesses, then he or she should initial and mark Choice B.

If the Parent or Current Custodian only intends the Standby Guardian to assume Guardian Powers upon his or her death, the Parent or Custodian should initial and mark Choice C.

4 – Address The Option To Name An Alternate Standby Guardian

Some instances will call for the consideration the Standby Guardian named here may not be able or allowed to assume the position of Standby Guardian. This document will provide the option to appoint an additional Standby Guardian who will only assume Guardian Authority upon the conditions of this paperwork and the Primary Guardian’s inability to assume Power. Find the statement beginning with the term “In The Event That the Person Designated Above…” then record the Legal Name, Residential Address, and Current Telephone Number of the Alternate Standby Guardian across the three blank spaces provided.

5 – The Final Act Required Is The Parent Or Current Custodian’s Legal Signature

The Parent or Custodian of the Child must provide a Witnessed Signature. At the end of this document will be a set of blank lines that will provide an area for this requirement.

Find the words “Designator’s Signature.” The Parent or Custodian must sign his or her Name on this blank space.

Next will be enough room for two Witnesses to Sign their Names, Provide their Addresses, and Record their Date of Signatures. Each Witness must tend to the blank spaces labeled “Witness’ Signature,” “Address,” and “Date.”


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