New Jersey Minor Child Power of Attorney Form
The New Jersey Minor Child Power of Attorney, in line with 3B:12-39, legally enables a parent or legal guardian to delegate to another person any powers “regarding care, custody, or property of the minor child or ward, except his power to consent to marriage or adoption of a minor ward.” The powers must be agreed to by both parents/legal guardians and must only remain active for a period of up to six (6) months. When fulfilling their role, the Agent should do whatever necessary to guarantee the child’s physical, mental, and emotional wellbeing.
Additional Considerations
If, for some reason, the above arrangement “is not appropriate or is unavailable pursuant to N.J.S.3B:12-39”, the state law provision § 3B:12-74 allows for the other parent or legal custodian to designate a “standby guardian” via a written statement. Any parent or legal custodian wishing to pursue this should familiarize themselves with the aforementioned state law provision.
State Laws & Signing Requirements
State Laws – Administration of Estates – Decedents and Others
Signing Requirements (3B:12-39 & § 3B:12-74) – No signing requirements are stated in order for a typical Minor Child Power of Attorney (i.e. one that meets the criteria in 3B:12-39) to be valid.
If a parent or guardian needs to designate a “standby guardian,” the state law provision § 3B:12-74 requires the document to be signed by the Designator (i.e. the parent or legal custodian) in the presence of two (2) witnesses, who must also sign the written statement. The parent or legal custodian may expressly request another person sign on their behalf if they are physically unable to, but the signing must take place in their presence and that of two (2) witnesses.
