For an aging baby boomer with a disabled child or grandchild, a properly drafted special needs trust can provide a level of comfort knowing that a significant step has been taken to ensure his or her future care and wellbeing.
Westchester County, N.Y. (PRWEB) February 18, 2015
Westchester elder law attorneys Anthony J. Enea and Sara E. Meyers of Enea, Scanlan & Sirignano, LLP in White Plains and Somers, N.Y. recently addressed common issues in planning for children with disabilities at the New York State Bar Association’s (NYSBA) 2015 Senior Lawyers Section Annual Meeting. With millions of baby boomers coming of age, Mr. Enea and Ms. Meyers urge those who are parents and caregivers of disabled children to take a proactive role in planning for the future.
The NYSBA Senior Lawyers Section Annual Meeting marks the latest speaking engagement for Mr. Enea and Ms. Meyers, both highly regarded for their expertise, integrity and fierce commitment to the protection of the rights of seniors, the disabled and their families. Mr. Enea, who spoke on utilizing Special Needs Trusts (SNT), also served as the program chair.
“SNTs are often considered the legal centerpiece of a plan for a disabled person,” Mr. Enea explained. “Depending on the benefits he or she is receiving, a SNT can be utilized for food, clothing, cell phone and other necessities. SNTs are designed to provide funds without affecting a disabled person’s eligibility for government benefits such as Medicaid and Supplemental Security Income.”
Named Westchester County’s Leading Elder Care Attorney at the Above the Bar Awards, Mr. Enea is the past chair of the NYSBA’s Elder Law Section. His practice areas include elder law; Medicaid planning and applications; special needs planning; wills, trusts and estates; guardianships and estate litigation. He was named Best Lawyers’ 2015 Trusts and Estates “Lawyer of the Year” in White Plains, a Top 25 “Super Lawyer” in Westchester County, and received the 2014 Golden Harvest Corporate Award from the Westchester Public/Private Partnership for Aging Services for outstanding and lasting contributions to Westchester seniors.
“For an aging baby boomer with a disabled child or grandchild, a properly drafted SNT can provide a level of comfort knowing that a significant step has been taken to ensure his or her future care and wellbeing,” said Enea. “It’s always best to the discussion early and take action to secure the best type of SNT for your circumstances.”
An authority on Medicaid and special needs planning, Ms. Meyers discussed utilizing Article 17A and Article 81 guardianships for disabled children.
“There are a number of factors to consider when deciding whether to seek legal guardianship, including what form is most suitable (personal, property or both),” said Ms. Meyers. “In many instances, Article 81 of New York’s Mental Hygiene Law offers an ideal guardianship solution by ensuring that the needs of the disabled person are met while also allowing him or her the greatest amount of freedom, independence and flexibility possible.”
Meyers continued, “Article 17A of the Surrogate’s Court Procedure Act, on the other hand, is a diagnosis-driven guardianship granting broad authority to the guardian. Most often, Article 17A guardianships are utilized for a person who will not be able to care for himself or herself due to mental retardation or developmental disabilities. They do not permit tailoring and limiting the authority of the guardian.”
Named a “Super Lawyer” for the New York Metro region, Ms. Meyers’ practice areas include elder law; home health care; Medicaid planning; wills, trusts and estates; and guardianships. She is the immediate past chair of the Westchester County Bar Association’s (WCBA) Elder Law Committee and a member of the NYSBA’s Elder Law Section and Trusts & Estates Section. A frequent lecturer for both the WCBA and NYSBA, Ms. Meyers is also an editor of the Westchester County Bar Journal and the NYSBA Elder Law Section’s Elder and Special Needs Law Journal.
Enea, Scanlan & Sirignano, LLP is located at 245 Main Street in White Plains, N.Y. with additional offices in Somers, N.Y. Elder law attorney Anthony J. Enea can be reached at 914-948-1500 or firstname.lastname@example.org. For the latest news, visit Enea, Scanlan & Sirignano online at http://www.esslawfirm.com or the firm’s blog, westchesterelderlawblog.wordpress.com.
About Enea, Scanlan & Sirignano, LLP
Enea, Scanlan & Sirignano, LLP is an AV preeminent rated elder law firm with offices in White Plains and Somers, N.Y. The practice concentrates on Elder Law; Medicaid Planning; Nursing Home and Home Care Applications; Wills, Trusts and Estates; Guardianships; Estate Litigation; Supplemental Needs Trusts; and Special Needs Planning. Enea, Scanlan & Sirignano, LLP serves Westchester, Rockland, Putnam, the Bronx, Manhattan, Long Island and Queens and is committed to providing the highest quality legal services to seniors, the disabled and their families. Visit the firm online at http://www.esslawfirm.com and http://www.westchesterseniors.com.