Westchester Elder Attorney Anthony J. Enea supplies an perception into New York’s up to date authorized abbreviation of the Power of Attorney
Several highly anticipated changes to the New York State Authority (POA) are due to take effect on June 13th. Senior Westchester attorney, Anthony J. Enea of Enea, Scanlan & Sirignano, LLP, with offices in Somers and White Plains, NY, recently highlighted these changes in an article published by the New York State Bar Association Journal.
“The POA is an extremely important estate planning document, especially when there are health and mental health issues,” said Anthony Enea, who has been protecting the rights of the elderly, the disabled and their families for 35 years. “Since the document was last revised almost ten years ago, these changes are understandably long overdue. This POA form was viewed as overly complicated, prone to improper execution, and tedious to prepare and execute – especially for the elderly. “
The new changes are intended to simplify the current document. This includes allowing substantially compliant language instead of requiring stringent phrasing, providing “safe harbor” provisions for those who rely on the POA, and allowing sanctions against individuals or corporations (such as banks or financial institutions ) who inappropriately refuse to accept a valid POA.
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“Agents can now give up to $ 5,000 per year (up from the previous $ 500 limit) without modifying the form,” said Enea. “The provisions that previously applied to the legal gift driver have also been removed. All gift forces in excess of $ 5,000 per year must be reported in the “Changes” section of the POA. “
The updated POA enables a person to sign on the instruction of the client if they are physically unable to sign. It also clarifies the agent’s obligations under the POA to keep records and supporting documents and the agent’s powers in relation to financial matters related to the client’s health care.
Enea’s article “The long-awaited changes to the legal short form of the power of attorney have come into effect” contains further details on the new POA revisions and is available at the following address: https://bit.ly/2T54ryQ.
Anthony Enea is a preeminent Martindale-Hubbell (AV) rated attorney and a strong leader in the Westchester legal community. He is President of the Westchester County Bar Foundation and Chairman of the 50+ Lawyers Section of the New York State Bar Association. He is also a past president of the Westchester County Bar Association and a past chairman of the Elder Law and Special Needs Section of the New York State Bar Association. Mr. Enea was named Westchester County’s Leading Elderly Care Attorney at the Above the Bar Awards. His practice areas include Wills, Trusts & Estates, Elder Law; Medicaid asset protection planning; Medicaid applications (home care and nursing home); Planning and guardianship for special needs (Articles 81 and 17-A).
Enea, Scanlan & Sirignano, LLP is located at 245 Main Street in White Plains, NY with additional offices in Somers, NY. For more information or to make an appointment for a consultation, call 914-948-1500 or visit www.esslawfirm.com.
over Enea, Scanlan & Sirignano, LLP
Enea, Scanlan & Sirignano, LLP is a pre-eminent senior law firm based in White Plains and Somers, NY. The practice focuses on the older law. Medicaid planning; Nursing home and home care applications; Wills, trusts and estates; Guardianship; Estate disputes; Supplemental Needs Trusts; and planning for special needs. Serving Westchester, Rockland, Putnam, the Bronx, Manhattan, Long Island and Queens, Enea, Scanlan & Sirignano, LLP is committed to providing the highest quality legal services to the elderly, the disabled and their families. Visit the company online at www.esslawfirm.com.