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257B.01 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to this chapter.
    Subd. 2. Alternate. "Alternate" means a person with all the rights, responsibilities, and
qualifications of a standby custodian who shall become a standby custodian if the currently
designated standby custodian is unable or unwilling to fulfill the obligations of custodian.
    Subd. 3. Attending physician. "Attending physician" means a physician who has primary
responsibility for the treatment and care of the designator. If physicians share responsibility,
another physician is acting on the attending physician's behalf, or no physician has primary
responsibility, any physician who is familiar with the designator's medical condition may act
as an attending physician under this chapter.
    Subd. 4. Co-custodian. "Co-custodian" means a standby custodian who is acting as
custodian along with the parents and shares physical or legal custody of the children, or both,
due to the occurrence of a triggering event.
    Subd. 5. Consent. "Consent" means a written authorization signed by the designator in the
presence of two witnesses who also sign the writing. The witnesses must be 18 years of age or
older and not named in the designation.
    Subd. 6. Debilitation. "Debilitation" means a person's chronic and substantial inability, as a
result of a physically incapacitating disease or injury, to care for the children.
    Subd. 7. Designation. "Designation" means a written document naming a standby or
temporary custodian. A parent may designate an alternate standby custodian in the same writing.
A parent may not designate an alternate temporary custodian.
    Subd. 8. Designator. "Designator" means a parent or legal custodian who appoints a standby
or temporary custodian.
    Subd. 9. Determination of debilitation. "Determination of debilitation" means a written
finding made by an attending physician which states that the designator suffers from a physically
incapacitating disease or injury. No identification of the illness in question is required.
    Subd. 10. Determination of incapacity. "Determination of incapacity" means a written
finding made by an attending physician which states the nature, extent, and probable duration of
the designator's mental or organic incapacity.
    Subd. 11. Incapacity. "Incapacity" means a chronic and substantial inability, resulting from a
mental or organic impairment, to understand the nature and consequences of decisions concerning
the care of the designator's dependent children and a consequent inability to care for the children.
    Subd. 12. Standby custodian. "Standby custodian" means a person named by a designator to
assume the duties of co-custodian or custodian of a child and whose authority becomes effective
upon the incapacity, debilitation and consent, or death of the child's parent.
    Subd. 13. Temporary custodian. "Temporary custodian" means a person named by a
designator to assume the duties of legal and physical custodian of a child for a specific time
up to 24 months.
    Subd. 14. Triggering event. "Triggering event" means a specified occurrence stated in the
designation that empowers a standby or temporary custodian to assume the powers, duties, and
responsibilities of custodian or co-custodian.
History: 2000 c 404 s 2

Official Publication of the State of Minnesota
Revisor of Statutes