§ 1726. Standby guardians\n 1. For the purpose of this section:\n (a) "Standby guardian" means (i) a person judicially appointed\npursuant to subdivision three of this section as standby guardian of the\nperson and/or property of an infant whose authority becomes effective\nupon the incapacity, administrative separation, or death of the infant's\nparent, legal guardian, legal custodian or primary caretaker or upon the\nconsent of the parent, legal guardian, legal custodian or primary\ncaretaker; and (ii) a person designated pursuant to subdivision four of\nthis section as standby guardian whose authority becomes effective upon\nthe death, administrative separation, or incapacity of the infant's\nparent, legal guardian, legal custodian or primary caretaker or upon the\ndebilitation and consent of the parent, legal guardian, legal custodian\nor primary caretaker.\n (b) "Legal guardian" means the court-appointed guardian of the\ninfant's person and/or property.\n (c) "Attending physician" means the physician who has primary\nresponsibility for the treatment and care of the infant's parent, legal\nguardian, legal custodian or primary caretaker. Where more than one\nphysician shares such responsibility, or where a physician is acting on\nthe attending physician's behalf, any such physician may act as the\nattending physician pursuant to this section. Where no physician has\nsuch responsibility, any physician who is familiar with the parent's,\nlegal guardian's, legal custodian's or primary caretaker's medical\ncondition may act as the attending physician pursuant to this section.\n (d) "Debilitation" means a chronic and substantial inability to care\nfor one's dependent infant, as a result of (i) a progressively chronic\nor irreversibly fatal illness, or (ii) a physically debilitating\nillness, disease or injury. "Debilitated" means the state of having a\ndebilitation.\n (e) "Incapacity" means a chronic and substantial inability, as a\nresult of mental impairment, to understand the nature and consequences\nof decisions concerning the care of one's dependent infant, and a\nconsequent inability to care for such infant. "Incapacitated" means the\nstate of having an incapacity.\n (f) "Administrative separation" means a parent, legal guardian, legal\ncustodian or primary caretaker's (i) in connection with a federal\nimmigration matter: arrest, detention, incarceration, removal and/or\ndeportation; or (ii) receipt of official communication by federal,\nstate, or local authorities regarding immigration enforcement which\ngives reasonable notice that care and supervision of the child by the\nparent, legal guardian, legal custodian, or primary caretaker will be\ninterrupted or cannot be provided.\n 2. The provisions of this article relating to guardians shall apply to\nstandby guardians, except insofar as this section provides otherwise.\n 3. (a) A petition for the judicial appointment of a standby guardian\nof the person and/or property of an infant pursuant to this subdivision\nmay be made only by a parent, a legal guardian of the infant or a legal\ncustodian of the infant; or where the infant is not residing with a\nparent, legal guardian or legal custodian and, to the satisfaction of\nthe court, such parent, legal guardian or legal custodian cannot be\nlocated with due diligence, the primary caretaker of such infant may\npetition for a judicial appointment of such standby guardian.\nApplication for standing to petition as a primary caretaker shall be\nupon motion to the court upon notice to such parties as the court may\ndirect.\n (b) A petition for the judicial appointment of a standby guardian of\nan infant shall, in addition to meeting the requirements of section\nseventeen hundred four of this article:\n (i) State whether the authority of the standby guardian is to become\neffective upon the petitioner's incapacity, upon the petitioner's death,\nupon the petitioner's consent, or upon the petitioner's administrative\nsepar
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