ELDER LAW 


Protecting the Rights and Assets of the Elderly

In our Elder Law practice we help our clients in the preparation of Family Protection Plan documents such as wills, revocable and irrevocable trusts, powers of attorney, health care proxies, living wills, annuities, promissory notes and Medicaid applications.  These documents allow our clients to provide directions to their loved ones and others as to how they are to be treated and cared for as they age.  Through carefully crafted Family Protection Plans our clients can often avoid costly and time consuming court proceedings, such as guardianship petitions, and protect their assets.

Most people want to spend their later years in their own home.  They can not imagine a situation in which their family would choose or be forced to transfer their care to a nursing home.  Unfortunately, sometimes serious accidents or medical conditions make living at home without paid help impossible.  Sometimes your medical needs are so severe that even with paid help and loving family support you cannot receive the care that you require anywhere other than in a nursing home.  You do not want to wait until you need a nursing home or in-home care before you figure out how you will pay for it. By that time your choices will be limited and your assets at great risk.  
 
If our clients come to us early enough to plan for the costs of needed long term home care or nursing home care, we can counsel them as to the value of obtaining Long Term Care insurance from reputable insurers to cover these future costs.  If they have waited until such insurance is no longer available, we may still be able to assist them in making effective Medicaid applications so that they can cover the cost of the needed care and even protect some needed family assets. 

Our Family Protection Plan helps our clients avoid the possible need for a guardianship by having them prepare and execute a power of attorney, a health care proxy and other advance directives.  We want our clients to select a trusted agent, who knows their wishes, who will act for them if they are incapacitated.  Those who have put off these decisions often end up having to incur the expense of a guardianship proceeding and having their life decisions made by a court appointed guardian -- a result that we take care to avoid when at all possible.    

If your family member is incapacitated and does not have a power of attorney and health care proxy, we can assist you in petitioning the court for the appointment of a guardian of their person and/or property.  We may be able to establish that it would be best that a family member should be appointed as guardian. 

There are times when Medicaid denies an application for Community Medicaid, Medicaid home care or Medicaid nursing home care because of asset or income levels.  Medicaid may determine that the hours of home care that are needed are less than what you know are needed.  At those times you need someone with substantial litigation experience to fight for your rights.  The Law Office of Robert L. Boydstun is prepared to litigate on your behalf. While we initially try to accomplish our clients' plans and goals amicably, an aggressive approach is often vital.

Contact the Law Office of Robert L. Boydstun today for more information about Elder Law or to schedule an appointment with an experienced lawyer.

Our Office Location:
Law Office of Robert L. Boydstun
15 Chester Avenue
White Plains, New York  10601
Telephone: (914) 946-8084
Fax: (914) 946-8085

Contact The Law Office of Robert L. Boydstun


The Law Office of Robert L. Boydstun serves clients throughout the State of New York, including White Plains, Ardsley, Dobbs Ferry, Harrison, Hastings, Irvington, Scarsdale, Tarrytown, New York City, Manhattan, Brooklyn, Westchester County, Putnam County, Rockland County, Bronx County, New York County, Kings County and Queens County.