The article, “
Parental Designation: A Way of Planning for the Expected and Unexpected,” suggests how making a “parental designation” under
General Obligations Law 5-1551, can be an option for parents who need to make alternative living arrangements for their children without surrendering parental rights or involving Child Protective Services (CPS).
The option is not available to everyone. It requires having a person who is willing and able to take on the responsibility of being a “designee.” In addition, it will not prevent an investigation or court proceedings that might arise under the Social Services Law, the Family Court Act or the Penal Law.
The specific requirements for drafting a valid “designation” can be found in General Obligations Law 5-1552. In addition, a pre-printed form can be found here (forms are not a substitute for accurate legal advice).
Persons interested in exploring the “parental designation” option are encouraged to consult competent legal counsel of their own choosing.
