Section 81.29. Effect of the appointment on the incapacitated person  


Latest version.
  • (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.
        (e) Nothing in this article shall be construed either  to  prohibit  a
      court from granting, or to authorize a court to grant, to any person the
      power  to  give  consent  for  the  withholding  or  withdrawal  of life
      sustaining treatment, including artificial nutrition and hydration. When
      used in this article, life sustaining treatment means medical  treatment
      which  is  sustaining  life  functions  and  without which, according to
      reasonable medical judgment, that patient will die within  a  relatively
      short time period.