Westchester Elder Law Attorney Anthony J. Enea Sheds Light on the Ethical and Legal Implications of Diminished Mental Capacity

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According to the Alzheimer’s Association, approximately 5.5 million Americans are currently living with Alzheimer’s and, by 2050, the number could rise as high as 16 million. Elder law attorney Anthony J. Enea of Enea, Scanlan & Sirignano, LLP in White Plains and Somers, N.Y. recently addressed the ethical and legal implications of diminished mental capacity at an education program for the New York State Bar Association (NYSBA).

Elder law attorney Anthony J. Enea of Enea, Scanlan & Sirignano, LLP

The ability to adequately assess the cognitive abilities of a client with diminished capacity requires years of experience in assessing capacity and a thorough understanding of the legal standards of capacity required for the task at hand.

According to the Alzheimer’s Association, approximately 5.5 million Americans are currently living with Alzheimer’s and, by 2050, the number could rise as high as 16 million. Along with a diagnosis of Alzheimer’s or other type of dementia comes the complex question of mental capacity. Elder law attorney Anthony J. Enea of Enea, Scanlan & Sirignano, LLP in White Plains and Somers, N.Y. recently addressed the ethical and legal implications of diminished mental capacity at an education program for the New York State Bar Association (NYSBA).

“Dementia Science and the Law” marked the latest speaking engagement for Anthony Enea, who has spent nearly three decades protecting the rights of seniors, the disabled and their families. Mr. Enea joined a panel of attorneys, physicians, health care professionals and judges to discuss the fragility of the human brain and how and by whom capacity determinations are made. The program was co-sponsored by the NYSBA’s Elder Law and Special Needs Section, Senior Lawyers Section, and the Health Law Section.

“More and more individuals are being diagnosed with Alzheimer’s disease or other forms of dementia related illness such as Parkinson’s disease or Lewy Body dementia,” said Enea. “The ability to adequately assess the cognitive abilities of a client with diminished capacity requires years of experience in assessing capacity and a thorough understanding of the legal standards of capacity required for the task at hand.”

Named Westchester County’s Leading Elder Care Attorney at the Above the Bar Awards and Best Lawyers’ 2018 Elder Law “Lawyer of the Year” in White Plains, Mr. Enea is president of the Westchester County Bar Foundation and past chair of the New York State Bar Association’s Elder Law Section. His practice areas include elder law; Medicaid asset protection trusts; Medicaid applications (home care and nursing home); special needs planning; guardianships (Article 81 and 17-A); and wills, trusts and estates.

“Advanced planning is essential now more than ever,” noted Enea. “A proactive approach often consists of executing a combination of documents that include a Durable Power of Attorney with broad powers, an Irrevocable Trust funded with one’s home and a portion of one’s liquid assets, advance directives such as a Health Care Proxy and HIPPA form, and a Revocable Living Trust to allow continuity of management of one’s assets in the event of incapacity.”

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 a.enea(at)esslawfirm(dot)com. For the latest news, visit Enea, Scanlan & Sirignano online at http://www.esslawfirm.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.

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