SENATE, No. 912

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED FEBRUARY 1, 2010

 


 

Sponsored by:

Senator† MICHAEL J. DOHERTY

District 23 (Warren and Hunterdon)

 

 

 

 

SYNOPSIS

†††† Authorizes appointment of testamentary guardians without consent of the surviving parent under certain circumstances.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning testamentary guardians and amending N.J.S.3B:12-14.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† N.J.S.3B:12-14 is amended to read as follows;

†††† 3B:12-14.† Consent of surviving parent; formal requisites.

†††† [Where] a. Except as provided in subsection b. of this section, where an appointment is made under N.J.S. 3B:12-13 and the other parent survives the appointing parent, the appointment shall be effective only when the surviving parent, at or before the issuance of the letters, consents thereto in writing and signs and acknowledges the consent in the presence of two witnesses present at the same time who subscribe their names as witnesses thereto in his presence.

†††† b.††† The appointment made under N.J.S.3B:12-3 shall be effective without the surviving parentís consent upon proof that the surviving parent was convicted of committing any of the following crimes against the minor child: (1) sexual assault under N.J.S.2C:14-2; (2) sexual contact under N.J.S.2C:14-3; or (3) endangering the welfare of a child under N.J.S.2C:24-4.

(cf: P. L.1981, c. 405, s. 3B:12-14)

 

†††† 2.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† Currently, N.J.S.A.3B:12-13 provides that either parent may, by will, appoint a testamentary guardian of the parentís minor child. However, N.J.S.A.3B:12-14 provides that if the other parent is still alive, that surviving parent must consent to the appointment.† This bill would eliminate this requirement upon proof that the surviving parent has been convicted of certain crimes against the child.

†††† Under the bill, the appointment would take place without the consent of the surviving parent if that parent was convicted of any of the following crimes against the minor child: (1) sexual assault under N.J.S.2C:14-2; (2) sexual contact under N.J.S.2C:14-3; or (3) endangering the welfare of a child under N.J.S.2C:24-4.