New Jersey Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The New Jersey instrument is a power of attorney delegating a parent's, custodian's or guardian's powers regarding a minor child under N.J.S.A. 3B:12-39. The delegating parent signs it. The statute prints a sample form (subsection (h)) that may, but need not, be used, and no separate agency form is identified.

2. 2

   The delegation expires one year from the effective date of the properly executed power of attorney. It can be renewed for additional one-year periods using the same process as the original, and extended an additional six months in exigent circumstances, meaning the delegating person cannot execute a renewal and imminent harm or threatened harm to the child would follow.

3. 3

   The other parent must also sign as written consent, in the presence of two witnesses, unless that parent is deceased, incapacitated or unavailable. Unavailable means not involved in raising or supporting the child for two years or a third of the child's life, whichever is less, identity or whereabouts unknown, or cannot be reached after diligent efforts. The statutory sample form has signature lines for the delegating parent, the other parent and two witnesses, and no notary block.

4. 4

   The powers delegated are those the delegating person actually holds: care, custody or property of the minor child. The sample form's checklist includes education (enrolling the child in school and obtaining school records) and health care (medical, dental and mental health decisions), plus travel and financial interests. This page does not promise that any school or medical provider must accept the document.

5. 5

   The delegation may take effect on signing or on a stated activating event, such as a physician finding incapacity, immigration administrative action, criminal proceedings, military service, or death with no permanent arrangement. A child in a voluntary or court-ordered DCPP placement is not a minor child under the statute.

6. 6

   This is not a court guardianship. It does not take away anyone's parental rights. The delegating parent keeps concurrent powers, the parent's decision controls in a disagreement with the attorney-in-fact, and the parent may revoke orally, in writing, or by any other act showing a specific intent to revoke, by notifying the attorney-in-fact. The statute says the person named is 'another person' and states no relative requirement and no minimum age.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, a court can appoint a standby guardian under N.J.S.A. 3B:12-72 and 3B:12-73, who must petition for confirmation within 90 days after assuming duties. A court guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the New Jersey child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

New Jersey Requirements for Temporary Guardianship Agreement

• Parent-Signed Power of Attorney

  A parent, or a court-appointed custodian or guardian, may by a properly executed power of attorney delegate to another person powers regarding care, custody or property of the minor child (N.J.S.A. 3B:12-39(a)).

• One-Year Term and Renewal

  The delegation expires one year from the effective date, may be renewed for additional one-year periods using the same process, and may be extended an additional six months in exigent circumstances (N.J.S.A. 3B:12-39(b)).

• Other Parent's Witnessed Consent

  The other parent's written consent is evidenced by that person's signature on the power of attorney, in the presence of two witnesses, unless deceased, incapacitated or unavailable (N.J.S.A. 3B:12-39(a), (g)).

• Sole Custody Limit

  A parent cannot use the power of attorney where a court has awarded sole or full legal and physical custody to another person (N.J.S.A. 3B:12-39(a)).

• Powers Delegated

  The attorney-in-fact receives only powers the delegating person actually holds; the sample form lists care-giving, education, health care, travel and financial interests (N.J.S.A. 3B:12-39(d), (h)).

• Activating Event

  The delegation may take effect on signing or on a stated activating event, such as incapacity, immigration administrative action, criminal proceedings or military service (N.J.S.A. 3B:12-39(g)).

• Parent's Decision Controls

  The delegating parent keeps concurrent powers, and in a disagreement the decision of the parent controls (N.J.S.A. 3B:12-39(e), (f)).

• Revocation

  The delegating person may revoke orally, in writing, or by any other act showing a specific intent to revoke, by notifying the attorney-in-fact (N.J.S.A. 3B:12-39(c)).

• Optional Sample Form

  The statute prints a sample form that may, but need not, be used (N.J.S.A. 3B:12-39(h)).