N.Y. Mental Hygiene Law § 81.29: Effect of the appointment on the incapacitated person

§ 81.29 Effect of the appointment on the incapacitated person.

(a) An incapacitated person for whom a guardian has been appointed

retains all powers and rights except those powers and rights which the

guardian is granted.

(b) Subject to subdivision (a) of this section, the appointment of a

guardian shall not be conclusive evidence that the person lacks capacity

for any other purpose, including the capacity to dispose of property by

will.

(c) The title to all property of the incapacitated person shall be in

such person and not in the guardian. The property shall be subject to

the possession of the guardian and to the control of the court for the

purposes of administration, sale or other disposition only to the extent

directed by the court order appointing the guardian.

(d) If the court determines that the person is incapacitated and

appoints a guardian, the court may modify, amend, or revoke any

previously executed appointment, power, or delegation under section

5-1501, 5-1505, or 5-1506 of the general obligations law or section two

thousand nine hundred sixty-five of the public health law, or section

two thousand nine hundred eighty-one of the public health law

notwithstanding section two thousand nine hundred ninety-two of the

public health law, or any contract, conveyance, or disposition during

lifetime or to take effect upon death, made by the incapacitated person

prior to the appointment of the guardian if the court finds that the

previously executed appointment, power, delegation, contract,

conveyance, or disposition during lifetime or to take effect upon death,

was made while the person was incapacitated or if the court determines

that there has been a breach of fiduciary duty by the previously

appointed agent. In such event, the court shall require that the agent

account to the guardian. The court shall not, however, invalidate or

revoke a will or a codicil of an incapacitated person during the

lifetime of such person.