New Jersey § 3b:12-69

§ 3b:12-69.

As used in P.L.1995, c. 76 ( C.3B:12-67 et seq. ): “ Activating event ” means an event stated in the petition or decree that empowers the standby guardian

to assume the duties of the office. Activating events include, but are not limited to: the appointment of a standby

guardian by a court of competent jurisdiction; the parent's, custodian's, or guardian's

attending physician concludes that the parent, custodian, or guardian is incapacitated;

the parent's, custodian's, or guardian's attending physician concludes that the parent,

custodian, or guardian is debilitated; the parent, custodian, or guardian is subject

to immigration administrative action; the parent, custodian, or guardian is subject

to criminal proceedings; the parent, custodian, or guardian is in military service;

or the death of the parent, custodian, or guardian in circumstances in which no testamentary

guardianship or other more permanent care arrangement has been made for the minor

child or minor ward; provided, however, that in no case shall a power of attorney

triggered by the death of a parent, guardian, or custodian extend beyond the year

that the power of attorney is in effect. “ Appointed standby guardian ” means a person appointed pursuant to section 6 of P.L.1995, c. 76 ( C.3B:12-72 ) to assume the duties of guardian over the person and, when applicable, the property

of a minor child or minor ward upon an activating event. “ Attending physician ” means the physician who has primary responsibility for the treatment and care for

the petitioning parent, custodian, or guardian. When more than one physician shares this responsibility, or when a physician is

acting on the primary physician's behalf, any such physician may act as the attending

physician pursuant to this act. When no physician has this responsibility, a physician who is familiar with the

petitioner's medical condition may act as the attending physician pursuant to P.L.1995, c. 76 ( C.3B:12-67 et seq. ). “ Criminal proceeding ” means any incarceration on criminal charges, including pending charges, or a criminal

sentence that separates a parent, custodian, or guardian from a minor child or minor

ward. “ Custodian ” means a person, other than a parent, who has been granted legal and physical custody

of a minor child by a court of competent jurisdiction. “ Debilitated ” means the parent, custodian, or guardian has a chronic and substantial inability,

as a result of a physically debilitating illness, disease, or injury, to care for

the parent's, custodian's, or guardian's minor child or minor ward. “ Guardian ” means a person who has qualified as a guardian of the person of a minor pursuant

to court appointment, including, but not limited to, a kinship legal guardian, but

does not mean a person who is serving only as a guardian ad litem. “ Immigration administrative action ” means any immigration proceeding, enforcement action, detention, removal, or deportation

that separates a parent, custodian, or guardian from a minor child or ward. “ Incapacitated ” means the parent, custodian, or guardian is impaired by reason of mental illness,

intellectual disability, physical illness or disability, substance use disorder , or other cause, except minority, to the extent that the person lacks sufficient

capacity to manage the affairs of and provide care for the parent's, custodian's,

or guardian's minor child or minor ward. “ Military service ” means duty by any person in the active military service of the United States or

the active military service of the State, including in the National Guard or State

Guard, that separates a parent, custodian, or guardian from a minor child or minor

ward. “ Minor child ” means a child under the age of 18 years but excludes a child residing in a placement

funded or approved by the Division of Child Protection and Permanency in the Department

of Children and Families pursuant to either a voluntary placement agreement or court

order. “ Minor ward ” means a minor for whom a guardian is appointed.