Power of a Parent to Designate a Person in Parental Relation

In accordance with General Obligations Law Title 15-A, a parent of a minor or incapacitated person may designate another person as a person in parental relation to such minor or incapacitated person for certain health care and educational decisions for a period not exceeding six (6) months. However, such 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 himself/herself 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 pursuant to this law shall not be valid unless both parents have given their consent.

Form of Designation

Designationsin General

A designation of a person in parental relation pursuant to this law shall be in writing and shall include:

1)      The name of the parent;

2)      The name of the designee;

3)      The name of each minor or incapacitated person with respect to whom such designation is made;

4)      The parent's signature; and

5)       The date of such signature.

The designation may specify a period of time less than six (6) months for which such designation shall 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  thirty (30) days shall also conform to the following provisions as enumerated in law.

Designationsfor More Than Thirty (30)Days

A designation specifying a period of more than thirty (30)days shall also include:

1)     Anaddressand telephone number where the parent can be reached;

2)     Anaddressand telephone number where the designee can be reached;

3)     The date of  birth of each minor or incapacitated person with respect to  whom such designation is made;

4)       The date or contingent event on which the designation commences;

5)     The written consent of the designee to such designation; and

6)      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 thirty (30) days shall be notarized.

 Designations Not Specifying a Time Period

If no time period is specified in the designation, it shall be valid until the earlier of revocation; or

1)      The expiration of thirty (30) days from the date of signature if the designation does not meet the requirements for designations of more than thirty (30) days, or

2)      Six  (6)  months  from  the  date  of  commencement  specified  in  the  designation  if  the designation meets the requirements for designations of more than thirty (30) days.

Scope of Designation

A designation made pursuant to this law may specify:

1)      The treatment, diagnosis or activities for which consent is authorized;

2)       Any treatment, diagnosis or activity for which consent is not authorized; or

3)      Any other limitation on the duties and responsibilities conveyed by the designation.

Revocation of Designation

A parent may revoke a designation by notifying, either orally or in writing, the designee or a school, health care provider, or health plan to which the designation has been presented, or by any other act evidencing a specific intent to revoke the designation. A designation shall also be revoked upon the execution by the parent of a subsequent designation. Revocation by one parent authorized to execute  such  a  designation  shall  be  deemed  effective  and  complete  revocation  of  a  designation pursuant to this law.

 A designee who receives notification from a parent of any such revocation shall immediately notify any school, health care provider, or health plan to which a designation has been presented. A parent may directly notify any such school, health care provider, or health plan of the revocation, in which  case  the failure  of  the  designee  to  notify such  entities  of  the  revocation  shall  not  make revocation ineffective.