3B :12-75. Immediate assumption of duties of designated standby guardian; revocation

3B :12-75.    Immediate assumption of duties of designated standby guardian; revocation  

    9.  a.  Upon the occurrence of the triggering event stated in the written designation executed pursuant to section 8 of this act, the designated standby guardian shall be empowered to assume the duties of his office immediately. 

  b.  If the triggering event is the designator's incapacity or debilitation, a copy of the attending physician's determination shall be provided to the designated standby guardian if the guardian's identity is known to the attending physician. 

  c.  A designated standby guardian may decline the designation at any time before the assumption of his duties by notifying the designator of this refusal in writing. 

  d.  Commencement of the designated standby guardian's duties shall confer upon the designated standby guardian shared authority with the custodial parent or legal custodian of the minor child, unless the designation of the parent or legal custodian states otherwise. 

  e.  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. 

  L.1995,c.76,s.9. 

3B :12-76.    Petition for judicial appointment of designated standby guardian  

    10.  a.  Unless a petition for judicial appointment of a standby guardian is made by the designator or the designated standby guardian, the designation made under section 8 of this act shall expire six months from the date of the written designation. 

  b.  In a proceeding for judicial appointment of a designated standby guardian, a designation shall constitute a rebuttable presumption that the designated standby guardian is capable of serving as guardian.  In the event of the designator's death, a designation shall be deemed to confer a preference upon the designated standby guardian for the choice of a permanent guardian, notwithstanding any law to the contrary, subject to the rights of the other parent. 

  c.  Except as set forth in this section, the petition for the judicial appointment of a designated standby guardian shall comply with the procedure set forth in section 6 of this act. 

  L.1995,c.76,s.10.  

3B :12-77.    Notice of petition to child  

    11.  Notice of a petition or designation filed with the court pursuant to this act shall be served upon the minor child for whom the standby guardianship is sought if the minor is 14 years of age or older.  Notice to a minor child less than 14 years of age shall be served at the discretion of the court.  The court may appoint a guardian ad litem or counsel to represent the child.  The court shall consider the preferences of the minor child in the appointment of a standby guardian pursuant to this act. 

  L.1995,c.76,s.11.