2020 7260
Students
SUBJECT: DESIGNATION OF PERSON IN PARENTAL RELATION
A parent of a minor or incapacitated person may designate another person as a person in parental relation to that minor or incapacitated person for certain health care and educational decisions for a period not exceeding 12 months. However, this parental designation is conditioned upon there being no prior order of any court in any jurisdiction currently in effect that would prohibit the parent from exercising the same or similar authority; and provided further that, in the case where a court has ordered that both parents must agree on education or health decisions regarding the child, a designation in accordance with this law will not be valid unless both parents have given their consent.
The designation of a person in parental relation must be in writing in the form prescribed by law, and must include specified information as set forth in law for designations of 30 days or less, as well as additional information required for designations of more than 30 days. The designation of a person in parental relation may be presented to any school that requires the designation by either the parent or designee. The designation may specify a period of time less than 12 months for which the designation will be valid unless earlier revoked by the parent in accordance with law. However, a designation specifying a period of more than 30 days must be notarized.
If no time period is specified in the designation, it will be valid until the earlier of:
a) Revocation; or
b) The expiration of 30 days from the date of signature if the designation does not meet the requirements for designations of more than 30 days; or
c) Twelve months from the date of commencement specified in the designation if the designation meets the requirements for designations of more than 30 days.
Scope of Designation
A designation made in accordance with this law may specify:
a) The treatment, diagnosis, or activities for which consent is authorized;
b) Any treatment, diagnosis, or activity for which consent is not authorized; or
c) Any other limitation on the duties and responsibilities conveyed by the designation.
Form of Designation
Designations in General
A designation of a person in parental relation in accordance with this law must be in writing and include:
a) The name of the parent;
b) The name of the designee;
c) The name of each minor or incapacitated person with respect to whom the designation is made;
d) The parent’s signature; and
e) The date of the signature.
The designation may specify a period of time less than 12 months for which the designation will be valid unless earlier revoked by the parent in accordance with Section 5-1554 of General Obligations Law. However, any designation specifying a period of more than 30 days must also conform to the following provisions as set forth in law.
Designations for More Than 30 Days
A designation specifying a period of more than 30 days must also include:
a) An address and telephone number where the parent can be reached;
b) An address and telephone number where the designee can be reached;
c) The date of birth of each minor or incapacitated person with respect to whom the designation is made;
d) The date or contingent event on which the designation commences;
e) The written consent of the designee to the designation; and
f) A statement that there is no prior order of any court in any jurisdiction currently in effect prohibiting the parent from making the designation.
A designation specifying a period of more than 30 days must be notarized.
Revocation of Designation
A parent may revoke a designation by notifying, either orally or in writing, the designee or the school to which the designation has been presented, or by any other act evidencing a specific intent to revoke the designation. A designation will also be revoked upon the execution by the parent of a subsequent designation. Revocation by one parent authorized to execute a designation will be deemed effective and complete revocation of a designation in accordance with law.
A designee who receives notification from a parent of any revocation must immediately notify any school to which a designation has been presented. A parent may directly notify the school of the revocation. The failure of the designee to notify the school of the revocation will not make the revocation ineffective.
Effect of Designation
a) A designee will possess all the powers and duties of a person in parental relation unless otherwise specified in the designation.
b) A designation will not impose upon a designee a duty to support the child.
c) A designation will not cause a change in the school district of residence of the child for purposes of the Education Law, and during the period of validity of the designation, the child will be presumed to be a resident of the school district in which the parent resided at the time the designation was made.
d) A designation will terminate and be revoked upon the death or incapacity of the parent who signed the designation.
e) The decision of a designee will be superseded by a contravening decision of a parent.
A person who acts based upon the consent of a designee reasonably, and in the good faith belief that the parent has authorized the designee to provide the consent, will not be deemed to have acted negligently, unreasonably, or improperly in accepting the designation and acting upon the consent. However, this person may be deemed to have acted negligently, unreasonably, or improperly if he or she has knowledge of facts indicating that the designation was never given, or did not extend to an act or acts in question, or was revoked.
No provision of General Obligations Law Title 15-A will be construed to require designation of a person in parental relation where the designation is not otherwise required by law, rule, or regulation.
- Education Law §§ 2 and 3212
- Family Court Act § 413
- General Obligations Law Title 15-A
- Public Health Law §§ 2164 and 2504
Adopted: 8/24/11
Revised: 9/22/20