§ 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.