SHEDDING LIGHT ON POWER OF ATTORNEY
Westchester County elder law attorney Lauren C. Enea of Enea, Scanlan & Sirignano LLP in White Plains and Somers recently sat down with the firm”™s managing member, Anthony J. Enea, for a special episode of the Talking Seniors podcast on “Why Everyone Should Have a Durable Power of Attorney.”
“A durable power of attorney is one of the most important documents that any one of us will sign in our lifetime,” said Anthony Enea, who has spent 35 years protecting the rights of seniors, the disabled and their families. “In addition to the power of attorney being durable, meaning it will continue to remain effective in the event of the principal”™s incapacity, it”™s also crucial that the document be drafted with broad gifting provisions. This is essential for effective asset protection.”
“A power of attorney allows you to be in the driver’s seat,” added Lauren Enea. “You’re making the decision as to who’s handling your financial affairs. If a power of attorney hasn”™t been executed prior to the incapacity, however, a guardianship proceeding becomes the only option ”” and then you’re not in the driver’s seat anymore. Now the decision-making falls to the court.”
Listeners may tune in to Talking Seniors at talkingseniors.buzzsprout.com on the first Wednesday of each month. The program covers important legal and financial topics for seniors and their loved ones.