In New Jersey, Standby Guardianship Rights

Every State permits transfer of guardianship authority over a child from a parent to another adult. A traditional guardianship is used to provide for the care of a child in the event of the parent's death or permanent disability and is generally regarded as a permanent transfer of custody and authority from the parent to the guardian.

One of the more recent approaches to transferring custody is facilitated through standby guardian laws. Many States developed these laws to address specifically the needs of families living with HIV or other disabling conditions and terminal illnesses who desire to plan a legally secure future for their children. Approximately 21 States and the District of Columbia have made statutory provisions for standby guardianships1

Establishing a Standby Guardian
Standby guardianship is typically established one of two ways:
(1) by filing a petition, followed by a court hearing, prior to the event that necessitates standby guardianship (called the "triggering event," see next section).
(2) through a written designation, with a petition prior to or after the triggering event and a hearing following the event. Many States also provide that a child of a certain age must be notified and that the court must consider the child's preferences. The age requirement varies by State.

Activating the Standby Guardian’s Authority
Typically, upon a triggering event, the standby guardian has a statutorily prescribed amount of time in which to file confirming documents and/or a petition for approval. Standby guardians must also generally petition for permanent guardianship or initiate custody proceedings within a specified time period.

The word approximately is used to stress the fact that the States frequently amend their laws. The States that currently (as of May 2005) have provisions for standby guardianship include Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New York, North Carolina, Pennsylvania, Virginia, West Virginia, and Wisconsin.