2021 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
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.