N.Y. General Obligations Law § 5-1555: Effect of designation

§ 5-1555. Effect of designation. 1. A designee shall possess all the

powers and duties of a person in parental relation pursuant to sections

twenty-one hundred sixty-four and twenty-five hundred four of the public

health law and sections two and thirty-two hundred twelve of the

education law, unless otherwise specified in the designation.

2. A designation shall not impose upon a designee a duty to support

pursuant to section four hundred thirteen of the family court act.

3. A designation shall 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 shall be presumed to be

a resident of the school district in which the parent resided at the

time the designation was made.

4. A designation shall terminate and be deemed revoked upon the death

or incapacity of the parent who signed the designation.

5. The decision of a designee shall be superseded by a contravening

decision of a parent.

6. A person who acts based upon the consent of a designee reasonably

and in the good faith belief that the parent has in fact authorized the

designee to provide such consent pursuant to the provisions of this

title, may not be deemed to have acted negligently, unreasonably or

improperly in accepting the designation and acting upon such consent;

provided, however, that any such 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to an act or acts in question, or was revoked.

7. No provision of this title shall be construed to require

designation of a person in parental relation as provided in this title

where such designation is not otherwise required by law, rule or

regulation.