How We Can Help
Boyer & Boyer P.A. focuses on helping clients and their families with the challenges of aging and disability. We provide counsel and services in the following areas:
We work with our clients to address their specific goals (probate avoidance, beneficiary protection, conflict prevention, tax savings, etc.). As part of their plan we will address these goals to create a plan encompassing documents including Last Will and Testament, Revocable Living Trusts, Durable Power of Attorney, Advance Health Care Directives, Living Wills, and other documents as needed.
Estate Administration / Probate
Probate is the court process for identifying and gathering a decedent’s probate assets, paying taxes, claims, expenses, and distributing to beneficiaries. We will work with the family to administer the estate and provide guidance through the court process of probate.
Our firm will work with the trustees of a trust to administer the trust and assets following the death of the initial or current beneficiary or trustee. Typically this process includes trust formalities, for example notice and accountings, and can take place without court involvement. Once the formalities are completed distribution of trust assets can be made to designated beneficiaries or continue to be held as directed by the original trust agreement.
Working with clients to plan for what happens if, due to accident or illness, they were left without the ability to manage their finances or make medical decisions is some of the most valuable help we can provide. We work with the client to appoint their “agent”, “surrogate”, “attorney-in-fact”, etc. Planning for incapacity can involve one or more of the following documents: Durable Power of Attorney, Advance Health Care Directive, Pre-Need Guardianship Designation, Pre-Hospital DNR, and Trusts.
In situations where a person does not have the capacity to sign a durable power of attorney, or there are issues of exploitation or other reasons why the finding of incapacity by a court would serve to better protect the interests of the senior, then a court proceeding may be a possible route. Typically, in cases like these, a close family member acts as petitioner to petition the court for a determination of incapacity and for the appointment of a guardian.
Special Needs Trusts
Families with special needs individuals sometimes require special planning to protect public benefits now and in the future. We work with families to create trusts including “special needs”, “supplemental needs”, and “supplemental care” trusts which allow individuals to keep funds and still qualify for the public benefits programs that are necessary for their unique care needs.
Long Term Care Planning and Public Benefits
Clients and their families are often faced with significant and unexpected health events requiring long term care. Often, the prospect of providing long term care for a loved one means spending significant portions of life savings to cover the costs. We meet with spouses and families to determine what benefit options may be available and how to best utilize them to cover the expense of long term care. Most commonly we work with families to apply for and receive Medicaid benefits through Medicaid ICP, Medicaid Diversion, and Medicaid Waivers along with Veteran’s benefits.
Our firm will work with veterans and/or their families to determine what benefit options may be available to them, including medical benefits, nursing home care benefits, extended care benefits, monthly income benefits, and increased pension benefits.