N.Y. Domestic Relations Law § 81: Appointment of guardians by parent

§ 81. Appointment of guardians by parent. A married woman is a joint

guardian of her children with her husband, with equal powers, rights and

duties in regard to them. Upon the death of either father or mother, the

surviving parent, whether of full age or a minor, of a child likely to

be born, or of any living child under the age of eighteen years and

unmarried, may, by deed or last will, duly executed, dispose of the

custody and tuition of such child during its minority or for any less

time, to any person or persons. Such surviving parent may appoint a

guardian or guardians of the person and of the property of the infant

and in making such appointment shall not be limited to the appointment

of the same person or persons in both capacities. Either the father or

mother may in the life-time of them both, by last will duly executed,

appoint the other the guardian of the person and property of such child,

during its minority. Either the father or mother may in the life-time

of them both by last will duly executed, and with the written consent of

the other duly acknowledged, appoint the other and a third person to be

the guardians of the person and property of such child during its

minority, and in making such appointment shall not be limited to the

appointment of the same person or persons in both capacities. Such

consent must have as part thereof a sworn statement that the consenting

parent in so consenting, is motivated solely by the welfare of the child

or children, the guardianship of whom is the subject of such consent,

and that such consenting parent has not received and will not receive

any consideration for such consent, and such consent may be revoked by

such consenting parent at any time prior to the death of the other, by

filing in the office of the county clerk of the county in which said

other then resides, a written revocation of such consent, subscribed and

acknowledged by the person so revoking, with proof of service of a copy

thereof on such other parent in the manner provided for service of a

summons. An appointment of a guardian of the person and property of an

infant made by duly executed last will of his father or mother shall be

valid and effective if at the time the will is admitted to probate the

other parent shall have died or the surviving parent be an adjudicated

incompetent. If both parents die under circumstances which render it

difficult or impossible to determine which of them died first and both

of them left last wills appointing the same person as guardian, the

appointment shall be valid and effective. If both parents die under

circumstances which render it difficult or impossible to determine which

of them died first, leaving last wills appointing different persons as

guardians, the surrogate's court shall determine which of the

appointments will best serve the welfare of the child and issue letters

of guardianship accordingly. If at any time during the minority of the

infant the surviving parent becomes competent to serve as guardian, he

may apply to the court which issued letters of guardianship to the

guardian appointed by will for a decree revoking such letters and the

court shall on such application make such order or decree as justice

requires. A person appointed guardian in pursuance of this section

shall not exercise the power of authority thereof unless such will is

admitted to probate, or such deed executed and recorded as provided by

SCPA 1710.