S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7905
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2017
                                ___________
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the general obligations law, in relation to extension of
   the  permitted  time  period  for  designation of a person in parental
   relation to a minor child
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Sections 5-1551 and 5-1552 of the general obligations law,
 as added by chapter 119 of the laws of 2005,  are  amended  to  read  as
 follows:
   §  5-1551. Power of parent to designate a person in parental relation.
 A parent of a minor or incapacitated person may designate another person
 as a person in parental relation to such minor or  incapacitated  person
 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 for a period not exceeding [six]
 TWELVE months provided that there is no prior order of any court in  any
 jurisdiction  currently  in  effect that would prohibit such parent from
 himself or  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 subdivision shall  not  be  valid  unless
 both  parents  have  consented thereto. Such designation shall be in the
 form prescribed by section 5-1552 of this title, and may be presented to
 any school, health care provider  or  health  plan  that  requires  such
 designation by either the parent or the designee.
   §  5-1552.  Form  of designation. 1. Designations in general. A desig-
 nation of a person in parental relation pursuant to this title shall  be
 in  writing  and  shall include: the name of the parent, the name of the
 designee, the name of each minor or incapacitated person with respect to
 whom such designation is made, the parent's signature, and the  date  of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11673-01-7

 A. 7905                             2
 
 such  signature.  The designation may specify a period of time less than
 [six] TWELVE months for which such designation  shall  be  valid  unless
 earlier revoked by such parent pursuant to section 5-1554 of this title,
 provided  that  any  designation specifying a period of more than thirty
 days shall also conform to the provisions of  subdivision  two  of  this
 section.
   2.  Designations for more than thirty days. A designation specifying a
 period of more than thirty days shall also include: an address and tele-
 phone number where the parent can be reached, an address  and  telephone
 number  where  the  designee  can  be reached, the date of birth of each
 minor or incapacitated person with respect to whom such  designation  is
 made,  the  date or contingent event on which the designation commences,
 the written consent of the designee to such designation, and a statement
 that there is no prior order of any court in any jurisdiction  currently
 in  effect prohibiting such parent from making the designation. A desig-
 nation specifying a period of more than thirty days shall be notarized.
   3. Designations not specifying a time period. If  no  time  period  is
 specified in a designation, it shall be valid until the earlier of revo-
 cation  or  the  expiration of thirty days from the date of signature if
 the designation does not meet the requirements  of  subdivision  two  of
 this section, or [six] TWELVE months from the date of commencement spec-
 ified  therein  if the designation meets the requirements of subdivision
 two of this section.
   § 2. This act shall take effect immediately.