By Fredrick P. Niemann, Esq. a NJ Guardianship Attorney
How a Standby Guardian work in New Jersey?
A Standby Guardian is appointed by the parent for the benefit of their child in the event the parent dies, or becomes incapacitated and is unable to care for the child. Think of a Standby Guardian as a person who is “on call”ready to take over or help with the care and upbringing of the child. A Standby Guardian can be designated on a temporary basis until a permanent Guardian is appointed by the court.
How Does One Designate a Standby guardian?
The parent or legal guardian may choose a Standby Guardian by means of a written designation. The document will include the name of the parent or legal guardian, the identity of the child, and who the named Standby Guardian is.
A Standby Guardian may also be named in a Will, in a Power of Attorney, within a Guardianship Application to the court, or created on its own. New Jersey law specifically permits a Designation of the Standby Guardian by the parent.
Agreement of Non-Custodial Parent
In New Jersey today many households are single parent households. Even in single parent households, reasonable efforts must be made to notify the non-custodial biological parent when selecting a Standby Guardian. A marital or divorce agreement almost always addresses custody. The divorce agreement is generally to the place to look to whether or not the consent of the non- custodial parent is required and how much weight should be given to the non- custodial parent’s position in deciding the matter. At the time of a court hearing, the non-custodial parent will also have an opportunity to be heard on the issue of a Standby Guardianship.
Contact me personally today to discuss your New Jersey Guardian matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or e-mail me firstname.lastname@example.org