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Courses/Law/Will and Estate Law

Drafting an Effective Power of Attorney

Mastering the Drafting Process in Elder Law and Estate Planning

Created byAnthony J. Enea, Esq.
4.7
(127 reviews)
BeginnerUpdated Apr 3, 2024
Drafting an Effective Power of Attorney

What You'll Learn

check_circleUnderstand the foundational concepts of different types of powers of attorney and their applications.
check_circleAssess client needs effectively to inform the drafting of a POA that aligns with their specific circumstances and goals.
check_circleDraft comprehensive POAs that are equipped to handle a broad range of contingencies and are tailored to the client's unique situation.
check_circleNavigate ethical considerations, ensuring clients are competent and fully informed in their decisions.
check_circleIncorporate digital assets effectively into POA documents, acknowledging the growing importance of digital and cryptocurrency assets.
check_circleApply real-world insights and strategies from experienced practitioners to enhance the efficacy and thoroughness of POA drafting.
check_circleStay informed about the latest legislative changes affecting POA drafting and execution, ensuring compliance and best practice adherence.

About This Course

In this detailed exploration of power of attorney (POA) drafting, legal practitioners will gain in-depth knowledge and strategies from industry experts, focusing on elder law and estate planning. The content unpacks the nuances of drafting effective POAs, addressing common pitfalls faced by general practitioners and specialists alike. As societies age, the demand for nuanced legal services in drafting POAs grows, placing pressure on legal professionals to adapt and expand their expertise. This series delves into the intricacies of POA, including durable vs. non-durable, springing powers, and the significance of crafting a document that encompasses a broad range of contingencies. Through expert insights and real-world examples, attendees will learn how to navigate complex client scenarios, from managing assets and estates to ensuring ethical considerations and competency are at the forefront of their practice.

Topics List:

  1. Introduction to Power of Attorney: Differentiating between durable, non-durable, and springing POAs.
  2. Client Intake and Assessment: Strategies for robust client assessment to inform the drafting process.
  3. Drafting Comprehensive POAs: Detailed discussion on ensuring POAs are sufficiently broad to cover various contingencies.
  4. Ethical Considerations and Competency: Ensuring client understanding and consent in the drafting process.
  5. Asset Management and Estate Planning: Using POAs in estate tax planning, elder law, and Medicaid eligibility scenarios.
  6. Digital Assets and Cryptocurrency: Addressing the complexities of including digital assets in POAs.
  7. Avoiding Common Pitfalls: Identifying and avoiding common mistakes made by practitioners in POA drafting.
  8. Case Studies and Real-World Applications: Analyzing real-world scenarios to illustrate best practices and lessons learned.
  9. Legislative Updates and Best Practices: Staying updated with legislative changes and evolving best practices in POA drafting.

Your Instructor

Anthony J. Enea, Esq.
Anthony J. Enea, Esq.

Elder Law, Wills, Trusts & Estates Attorney, Managing Member at Enea, Scanlan & Sirignano, LLP

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star127 reviews

Anthony J. Enea, Esq. is the managing partner of Enea, Scanlan & Sirignano, LLP with offices in White Plains and Somers, New York. For almost 40 years, Mr. Enea has devoted his practice to educating and protecting the rights of seniors, the disabled and their families from the costs of long-term care. Mr. Enea and his firm concentrate their practice on Elder Law, Wills, Trusts and Estates, Asset Protecting Planning, Special Needs Planning, Medicaid Applications (Nursing Home and Home Care) and Guardianships (contested/non-contested). He is the author of hundreds of published articles and a frequent lecturer to seniors, the disabled, attorneys, CPAs and financial advisors, with respect to the planning options available to seniors and their rights. For decades, Mr. Enea's articles have been published in such publications as the New York State Bar Journal; the Trusts and Estates, Elder Law, General Practice Law and Elder Law Journal for the New York State Bar Association; the Westchester County Business Journal and the Westchester County Bar Journal and Newsletter, and Tax Stringer for the New York State Society of CPAs. Mr. Enea has been certified and re-certified as an Elder Law Attorney by the National Elder Law Foundation as accredited by the American Bar Association*. He is a former member of the Executive Committee of the Trusts and Estates Section of the New York State Bar Association as a vice-chair of the Committee on the Elderly and Disabled. Mr. Enea is a past chair of the Elder Law and Special Needs Section of the New York State Bar Association. Mr. Enea is a past president and a founding member of the New York Chapter of the National Academy of Elder Law Attorneys (NAELA). He is also a member of the Council of Advanced Practitioners of NAELA. Mr. Enea is a past president of the Westchester County Bar Association and Westchester County Bar Foundation. Mr. Enea is a past chair of the 50+ Section of the New York State Bar Association. Mr. Enea is the 2018 recipient of the Distinguished Service Award from the Elisabeth Haub School of Law at Pace University, the Dr. Joseph A. Cimino Community Service Award from the Dominican Sisters, and the Honorable Richard J. Daranco Distinguished Service Award from the Columbian Lawyers Association of Westchester County. Mr. Enea has been selected as a Super Lawyer for seventeen consecutive years, and for 2009, 2010, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021,2022, and 2023 was selected as a Top 25 Super Lawyer in Westchester County. Mr. Enea for the thirteenth consecutive year has also been selected for inclusion in the "Best Lawyers in America" as an Elder Law Attorney for 2023. In addition, he was recognized as a Best Lawyers® "Lawyer of the Year" in White Plains five times. Mr. Enea is an "AV" Rated Preeminent Attorney as rated by Martindale-Hubbell. Mr. Enea is the founder of the Anthony J. Enea Elder Law Scholarship at the Elisabeth Haub School of Law at Pace University. Mr. Enea is also fluent in Italian. *The National Elder Law Foundation is not affiliated with any Governmental authority. Certification is not a requirement for the practice of Law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.

Credit Information

What Students Are Saying

4.7
Student's Choice
127 reviews

Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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