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This entry was published on 2014-09-22
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SECTION 5-1555
Effect of designation
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 15-A
§ 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 The decision of a designee shall be superseded by a contravening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to an act or acts in question, or was revoked.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.