§ 5-1555 — Effect of designation

§ 5-1555. Effect of designation. 1. A designee shall possess all the\npowers and duties of a person in parental relation pursuant to sections\ntwenty-one hundred sixty-four and twenty-five hundred four of the public\nhealth law and sections two and thirty-two hundred twelve of the\neducation law, unless otherwise specified in the designation.\n 2. A designation shall not impose upon a designee a duty to support\npursuant to section four hundred thirteen of the family court act.\n 3. A designation shall not cause a change in the school district of\nresidence of the child for purposes of the education law, and during the\nperiod of validity of the designation, the child shall be presumed to be\na resident of the school district in which the parent resided at the\ntime the designation was made.\n 4. A designation shall terminate and be deemed revoked upon the death\nor incapacity of the parent who signed the designation.\n 5. The decision of a designee shall be superseded by a contravening\ndecision of a parent.\n 6. A person who acts based upon the consent of a designee reasonably\nand in the good faith belief that the parent has in fact authorized the\ndesignee to provide such consent pursuant to the provisions of this\ntitle, may not be deemed to have acted negligently, unreasonably or\nimproperly in accepting the designation and acting upon such consent;\nprovided, however, that any such person may be deemed to have acted\nnegligently, unreasonably or improperly if he or she has knowledge of\nfacts indicating that the designation was never given, or did not extend\nto an act or acts in question, or was revoked.\n 7. No provision of this title shall be construed to require\ndesignation of a person in parental relation as provided in this title\nwhere such designation is not otherwise required by law, rule or\nregulation.\n