Demographics and changes in the law have resulted in an insurgence of attorneys calling themselves “Elder Law” attorneys. Many of these attorneys have very limited experience in navigating public benefits and understanding the delivery system that serves individuals with disabilities and their families and that of the elderly population. Others lack a complete understanding of the tools that are used to assist these populations and often give incomplete or incorrect advice. The varying advice that is given around the state in connection with the Durable Power of Attorney in particular has caused great alarm. A properly drafted and executed comprehensive Durable Power of Attorney is often the single most important tool in the Elder Law and Special Needs practice. An improperly drafted or incomplete document can have drastic consequences to a family in crisis. As a result, our collective clients, reputations and practices suffer.

To help practitioners statewide, the section is developing a Durable Power of Attorney workshop, that will be delivered around the state, focused on educating general practitioners about the law, proper preparation and advice, as well as the adverse impact on clients when powers of attorney are not properly prepared. This program is in addition to sustained lobbying efforts undertaken by our section with NYSBA seeking to simplify the Power of Attorney while expanding its efficacy.

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