Seniors are among the fastest-growing groups in the United States. According to the Pew Research Center, “The U.S. population overall is expected to trend older in the coming decades as life expectancies increase and the birth rate declines. There are currently about 62 million adults ages 65 and older living in the U.S., accounting for 18% of the population. By 2054, 84 million adults ages 65 and older will make up an estimated 23% of the population.”
Complicating the challenges for seniors, Anthony J. Enea, a senior partner of Enea, Scanlan & Sirignano LLP in White Plains and Somers, has noted on the website, are the uncertainty over Medicaid eligibility and the federal estate and gift tax exemption, with the current exemption set to sunset, and became half of what it is now, at the end of 2025. (See related story on Page 10.)
Founded 20 years ago by Enea, Richard A. Scanlan and the now-retired George A. Sirignano Jr., Enea, Scanlan & Sirignano specializes in all aspects of elder law, including Medicaid planning and applications; estate planning; wills, trusts and estates; guardianships; and special needs planning. For Enea, the firm of eight lawyers is very much a family affair. Son Michael P. Enea is a young associate, while daughter Lauren C. Enea – who concentrates on wills, trusts and estates; Medicaid planning; special needs planning; and probate/estate administration – made partner in June.
“As an elder-law attorney, it is important to me that my clients are able to stay in control of their lives, finances and medical decisions, even as they age or if, unfortunately, their ability to handle their own affairs declines,” she said. “By preparing estate-planning documents, clients are able to document their wishes and ensure that their goals are met and followed through, even after their incapacity or eventual demise.
“The most important document an aging individual (or really anyone over the age of 18) can have is a durable, general power of attorney with broad gifting authority. This document allows a trusted individual to handle financial decisions where they otherwise would not be able to if someone were incapacitated. Additional important documents include a health-care proxy where an agent can be appointed to make medical decisions, along with a living will to document end- of-life decision-making wishes.
“Appointing someone as your health-care proxy is a fairly straightforward process and can be invaluable in the event of incapacity,” said Enea, who holds a Bachelor of Science in business management from Quinnipiac University, graduating magna cum laude, and a J.D. from the Elisabeth Haub School of Law at Pace University, graduating summa cum laude. “One key benefit is the ability to express specific medical preferences and treatment directives. Being clear about what treatments you want to refuse and which you would be willing to receive can help your agent make swift decisions if you unexpectedly become unable to express them yourself.”
Enea – who is active in local bar associations and social justice organizations, serving as president of Careers Support Solutions’ board of directors, a nonprofit helping the disabled obtain gainful employment in Westchester, Putnam and Dutchess counties, and as a member of the Pace Women’s Justice Center advisory board – also suggested seniors share their preferences with trusted individuals.
“’While your agent can enforce your instructions, informing others can reinforce your wishes. Your physician, your agent and in some situations even other family members can keep a copy of your form, which can be helpful during emergencies. In the long run, planning and preparing these setups can benefit your welfare and help those you love to navigate your care with ease.”
The health proxy is not the only tool in the seniors’ legal toolbox, however, Enea added:
“A last will and testament and a revocable living trust can be very helpful in carrying out a client’s wishes in the most efficient and cost-effective manner after their passing. Holding assets in a revocable and/or irrevocable trust can help avoid probate and facilitate a smooth transition of a client’s affairs. Additionally, an irrevocable Medicaid asset protection trust is instrumental in protecting assets from the cost of long-term care and helps clients become eligible for Medicaid benefits in the future.”
