New York Temporary Guardianship Agreement

Q: What is the New York temporary guardianship agreement called?

New York calls it a Designation of a Person in Parental Relation, created by N.Y. Gen. Oblig. Law Title 15-A (sections 5-1550 to 5-1555). A parent designates another person for up to 12 months. It is not a court guardianship.

Q: Who signs a New York designation, the parent or the caregiver?

The parent signs it. If the designation runs more than 30 days, the person designated must also consent in writing. A designation of 30 days or less requires only the parent's signature (N.Y. Gen. Oblig. Law section 5-1552).

Q: How long can a designation last in New York?

No more than 12 months, and it may specify a shorter period (sections 5-1551 and 5-1552). It ends earlier if the parent revokes it, dies or becomes incapacitated.

Q: Does a New York designation have to be notarized?

Yes if it covers more than 30 days: section 5-1552 says a designation specifying a period of more than thirty days shall be notarized.

Q: Do both parents have to sign in New York?

One parent suffices, except where a court has ordered that both parents must agree on education or health decisions; then both must consent (section 5-1551). Sections 5-1551 to 5-1555 contain no requirement to notify the other parent.

Q: What can the person I designate do in New York?

Unless the designation says otherwise, they have the powers and duties of a person in parental relation under Public Health Law sections 2164 and 2504 and Education Law sections 2 and 3212, which covers immunization, medical consent and school matters. A parent may list treatments or activities not authorized, and the designee has no duty of support.

Q: Does a New York designation change my child's school district?

No. The designation does not change the child's school district of residence, which is presumed to be the parent's district at the time of the designation (section 5-1555).

Q: Can a New York parent revoke a designation by phone?

Yes. A parent may revoke orally or in writing by notifying the designee or a school, health care provider or health plan that received it, or by any other act showing specific intent. A later designation also revokes it, and the designee must promptly notify those entities (section 5-1554).

Q: When do I need a New York court instead of a designation?

If a court order prohibits the parent from exercising the authority a designation would give, a designation does not fit your situation, or a court appointment is needed, see a guardian of an infant under SCPA article 17 or a standby guardian under SCPA section 1726. A standby guardian must petition the court within the time SCPA section 1726 sets after the standby authority takes effect, or the court may rescind it.

New York lets a parent designate a caregiver for up to 12 months with no court involved.

Find out where you stand in New York

Why do you need someone else to care for the child?

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Introduction

The parent signs a Designation of a Person in Parental Relation under General Obligations Law Title 15-A. If it runs more than 30 days, it must be notarized and the designee must consent in writing. It does not change custody or reduce the parent's rights.

Key Things to Know

1
The instrument is a Designation of a Person in Parental Relation, signed by the parent under N.Y. Gen. Oblig. Law sections 5-1551 and 5-1552; the designee consents in writing if the designation runs over 30 days. Section 5-1552 sets the required contents, and those requirements control.
2
The term may not exceed 12 months and may be shorter. If no period is stated, it lasts 30 days from signature when the over-30-day elements are missing, or 12 months from the stated start date when they are present.
3
Anything over 30 days must be notarized and include the designee's written consent, contact details, each child's date of birth, a start date or triggering event, and a statement that no prior court order in effect prohibits the parent from exercising the authority being designated.
4
One parent can sign, except where a court has ordered that both parents must agree on education or health decisions; then both must consent. No notice requirement to the other parent appears in sections 5-1551 to 5-1555, and nothing is filed with a court or agency.
5
The designee holds the powers and duties of a person in parental relation under Public Health Law sections 2164 and 2504 and Education Law sections 2 and 3212, unless the designation says otherwise, and the parent may list treatments or activities not authorized. A person who acts reasonably and in good faith on the designee's consent is protected, unless they know the designation was never given, did not cover the act, or was revoked.
6
A parent may revoke orally or in writing by notifying the designee or a school, provider or plan that received it, or by any act showing specific intent; a later designation also revokes it. It ends if the parent dies or becomes incapacitated, and a parent's contrary decision supersedes the designee's. The statute says the designee may be 'another person', with no relative requirement or age minimum stated.
7
This is not a court guardianship: custody and parental rights are unchanged and no court is involved. If a designation does not fit your situation, a court order is in the way, or you need court authority, look at a court-appointed guardian of an infant under SCPA article 17 or a standby guardian under SCPA section 1726, and see the guardianship of a minor petition page. Report abuse or danger to a child to the state child protective agency, and take disputes between parents to the child custody agreement or parenting plan pages.

Key decisions before you file

Before you file a Temporary Guardianship Agreement in New York, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.

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DESIGNATION OF A PERSON IN PARENTAL RELATION (New York General Obligations Law, Title 15-A, sections 5-1550 to 5-1555)

This is a written designation by a parent. It is not a court order and no court is involved. It does not change who has custody of the child and does not reduce the parent's rights. The requirements of General Obligations Law section 5-1552 control over this text.

PARENT. I, PARENT FULL NAME, of PARENT ADDRESS, telephone PARENT TELEPHONE, am a parent of the child named below.
DESIGNEE. I designate DESIGNEE FULL NAME, of DESIGNEE ADDRESS, telephone DESIGNEE TELEPHONE, as a person in parental relation to the child.
CHILD. CHILD FULL NAME, date of birth CHILD DATE OF BIRTH. [IF APPLICABLE: ADDITIONAL CHILD FULL NAME, date of birth ADDITIONAL CHILD DATE OF BIRTH.]
AUTHORITY. The designee has all the powers and duties of a person in parental relation under Public Health Law sections 2164 and 2504 and Education Law sections 2 and 3212, including consent to medical care and immunization and dealing with the child's school, except as stated in paragraph 5. The designee has no duty to support the child under this designation.
LIMITS. I do not authorize the following treatments or activities: LIST ANY TREATMENTS OR ACTIVITIES NOT AUTHORIZED, OR WRITE NONE.
START AND TERM. This designation begins on COMMENCEMENT DATE [IF APPLICABLE: or on the following event: CONTINGENT EVENT] and ends on END DATE, which is not more than twelve months after it begins, unless I revoke it sooner. This designation also ends if I die or become incapacitated.
NO CONFLICTING COURT ORDER. [IF APPLICABLE, FOR A TERM OF MORE THAN 30 DAYS: There is no prior order of any court in any jurisdiction currently in effect that would prohibit me from exercising the authority I am designating.]
SCHOOL DISTRICT. I understand this designation does not change the child's school district of residence, which is presumed to be my district at the time of this designation.
REVOCATION. I may revoke this designation orally or in writing by notifying the designee or a school, health care provider or health plan to which it has been presented, or by another act showing my specific intent to revoke it.
PRESENTATION. The parent or the designee may present this designation to any school, health care provider or health plan.

SIGNATURES

Date: SIGNING DATE

PARENT SIGNATURE: ______________________ PARENT PRINTED NAME

[IF APPLICABLE, WHERE A COURT ORDER REQUIRES BOTH PARENTS TO AGREE: SECOND PARENT SIGNATURE: ______________________ SECOND PARENT PRINTED NAME]

[IF APPLICABLE, FOR A TERM OF MORE THAN 30 DAYS: DESIGNEE CONSENT. I consent to this designation. DESIGNEE SIGNATURE: ______________________ DESIGNEE PRINTED NAME]

[IF APPLICABLE, FOR A TERM OF MORE THAN 30 DAYS: NOTARY ACKNOWLEDGMENT. State of NEW YORK, County of COUNTY. On SIGNING DATE, before me personally appeared PARENT FULL NAME [IF APPLICABLE: and SECOND PARENT FULL NAME], known to me or proved to me to be the person or persons who signed this designation. NOTARY SIGNATURE: ______________________ NOTARY PRINTED NAME, COMMISSION EXPIRATION DATE]

New York Requirements for Temporary Guardianship Agreement

Parent Signs the Designation
A parent of a minor designates another person as a person in parental relation. One parent suffices unless a court has ordered both parents to agree on education or health decisions (N.Y. Gen. Oblig. Law section 5-1551).
Term of Up to 12 Months
The designation may last no more than 12 months and may specify a shorter period. If no period is stated and the over-30-day elements are missing, it is valid for 30 days from signature (sections 5-1551 and 5-1552).
Notarization Over 30 Days
A designation specifying a period of more than 30 days must be notarized (section 5-1552).
Designee Written Consent Over 30 Days
For a period over 30 days the designee must consent in writing; a designation of 30 days or less requires only the parent's signature (section 5-1552).
Required Contents for Over 30 Days
Addresses and phone numbers of the parent and designee, each child's date of birth, the start date or triggering event, the designee's consent, and a statement that no prior court order in effect prohibits the parent from exercising the authority being designated (section 5-1552).
Powers Under Health and Education Law
Unless otherwise specified, the designee has the powers and duties of a person in parental relation under Public Health Law sections 2164 and 2504 and Education Law sections 2 and 3212. The parent may list treatments or activities not authorized, and no support duty is imposed (sections 5-1553 and 5-1555).
School District Does Not Change
The designation does not change the child's school district of residence, presumed to be the parent's district at the time of designation (section 5-1555).
Revocation Orally or in Writing
A parent may revoke by notifying the designee or a school, provider or plan that received it, or by any act showing specific intent. A later designation also revokes it (section 5-1554).
Good-Faith Reliance Protection
A person acting reasonably and in good faith on the designee's consent may not be deemed negligent or improper, unless they know it was never given, did not cover the act, or was revoked (section 5-1555).

Frequently Asked Questions

What is the New York temporary guardianship agreement called?

Who signs a New York designation, the parent or the caregiver?

How long can a designation last in New York?

Does a New York designation have to be notarized?

Do both parents have to sign in New York?

What can the person I designate do in New York?

Does a New York designation change my child's school district?

Can a New York parent revoke a designation by phone?

Are schools and doctors in New York protected if they rely on the designation?

When do I need a New York court instead of a designation?

Find out where you stand in New York

Introduction

Key Things to Know

Key decisions before you file

Customize your Temporary Guardianship Agreement Template with DocDraft

New York Requirements for Temporary Guardianship Agreement

Parent Signs the Designation

Term of Up to 12 Months

Notarization Over 30 Days

Designee Written Consent Over 30 Days

Required Contents for Over 30 Days

Powers Under Health and Education Law

School District Does Not Change

Revocation Orally or in Writing

Good-Faith Reliance Protection

Frequently Asked Questions