N.Y. Mental Hyg. Law § 81.29

§ 81.29 Effect of the appointment on the incapacitated person.\n (a) An incapacitated person for whom a guardian has been appointed\nretains all powers and rights except those powers and rights which the\nguardian is granted.\n (b) Subject to subdivision (a) of this section, the appointment of a\nguardian shall not be conclusive evidence that the person lacks capacity\nfor any other purpose, including the capacity to dispose of property by\nwill.\n (c) The title to all property of the incapacitated person shall be in\nsuch person and not in the guardian. The property shall be subject to\nthe possession of the guardian and to the control of the court for the\npurposes of administration, sale or other disposition only to the extent\ndirected by the court order appointing the guardian.\n (d) If the court determines that the person is incapacitated and\nappoints a guardian, the court may modify, amend, or revoke any\npreviously executed appointment, power, or delegation under section\n5-1501, 5-1505, or 5-1506 of the general obligations law or section two\nthousand nine hundred sixty-five of the public health law, or section\ntwo thousand nine hundred eighty-one of the public health law\nnotwithstanding section two thousand nine hundred ninety-two of the\npublic health law, or any contract, conveyance, or disposition during\nlifetime or to take effect upon death, made by the incapacitated person\nprior to the appointment of the guardian if the court finds that the\npreviously executed appointment, power, delegation, contract,\nconveyance, or disposition during lifetime or to take effect upon death,\nwas made while the person was incapacitated or if the court determines\nthat there has been a breach of fiduciary duty by the previously\nappointed agent. In such event, the court shall require that the agent\naccount to the guardian. The court shall not, however, invalidate or\nrevoke a will or a codicil of an incapacitated person during the\nlifetime of such person.\n