Welcome!
To meet with Attorneys Donna Schuyler or Eric Glover
Please contact our office today at
208-344-1947
Areas of Practice
Estate Planning
Living Will & Durable Power of Attorney for Health Care – A declaration of your wishes pertaining to life- sustaining procedure when in a terminal or persistent vegetative state. The Power of Attorney may be effective when you are unable to communicate rationally and gives your agent the authority to make decisions on your behalf as specified.
General Durable Power of Attorney – A General Durable Power of Attorney permits an agent to manage any part or all of the principal’s financial affairs and property. A Durable Power of Attorney is effective upon the principal’s signing of the document and continues should the principal become incapacitated in the future. Choosing the right person as an agent is very important and should be given careful consideration. It should be someone who is trustworthy, honest, knows how to handle money and accepts the responsibility as an agent. This agent owes a duty to the principal called a “fiduciary” duty, which means the agent has to act in the principal’s best interest, in good faith and with care, and keep good records. Abuse by an agent or a breach of fiduciary duty can be punishable civilly and criminally. A power of attorney may be revoked by the principle.
Trusts
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- Revocable Living Trust: A person, during his or her lifetime, may create a “revocable living trust” whereby the grantor (the person making the trust), trustee (the person who has legal authority to manage the trust assets) and beneficiary (the person who makes use of the trust assets) are all the same person. After the grantor dies, depending on the trust instructions, the trust assets may be distributed outright or held within the trust and distributed over time or upon the happening of a designated event. Revocable living trusts may be appropriate for persons who own real property in more than one state or have a blended family where spouses have children from prior relationships.
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- Testamentary Trust: A testamentary trust is a trust within a will. A testamentary trust is created upon the death of a person as specified in his or her will. The testamentary trust holds assets within the trust instead of outright distribution to a beneficiary. A common scenario is when parents create a testamentary trust to hold assets for the support of minor children or for college education for children until they reach a specified age. A testamentary trust can also hold assets for the special needs of a disabled child who receives government benefits.
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- Special Needs Trust: A special needs trust (SNT) is a specialized trust that will preserve the beneficiary’s eligibility for needs-based government benefits such as Medicaid and Supplemental Security Income (SSI). Because the beneficiary does not own the assets in the trust, he or she can remain eligible for benefit programs that have an asset limit. As a general rule the trustee will supplement the beneficiary’s government benefits but not replace them.
Probate
Guardianship
When a person loses the ability to think clearly, it affects his or her ability to participate in meaningful decision-making. If that individual is unable to make rational, clear-headed decisions about health care or other aspects of life, guardianship may be the next step if the person does not have power of attorney documents in place or if there is disagreement among family members about these issues.
To appoint a guardian, a court must declare a person to be incapacitated based on findings where:
- A person who, due to his or her mental, physical and emotional status, prevents him or her from taking care of his/her own basic needs; and
- As a result, that person is in danger of substantial harm; and
- There is no one already legally authorized to make substitute decisions for the person.
If the criteria are met, the court transfers the responsibility of determining living arrangements and medical decisions to the guardian. Guardians have a duty to act in the best interest of the person experiencing incapacity and in the least restrictive manner. Regular reports must be submitted to the court regarding the status of the person experiencing incapacity.
Conservatorship
Elder Law
Categories under the umbrella of elder law include estate planning, wills, trusts, fiduciary administration, guardianship, conservatorship, arrangements for care, social security and retirement benefits, protection against elder abuse (physical, emotional and financial), and other concerns of older people.
Miller Trusts
Attorney Donna Schuyler
Bar Admissions
Idaho
U.S. District Courts, District of Idaho
Supreme Court of the State of Idaho
Education
California Western School of Law, San Diego, CA, 2005
J.D., Doctor of Jurisprudence
Pitzer College, Claremont, CA, 2000
Bachelors of Arts, Business
Concentration in Health Studies with a focus in Gerontology
Classes/Seminars Taught
Elder Abuse, Disease of the Senior Community: Finding Solutions
Estate Planning Basics: What everyone needs to know!
Living Will vs. P.O.S.T.
Substitute Decision Making
Elder Abuse: Understanding the Dynamics of Power and Control
Elder Abuse: Civil Litigation
Let’s Talk About Sex: A Discussion of Sexuality in the Guardianship Context
Let’s Talk About Sex: A Discussion of Sexuality in the Long Term Care Context
Attorney Donna Schuyler
With over 30 years of experience as an elder advocate, Attorney Donna Schuyler practices in the areas of elder law, estate planning, guardianship, conservatorship and probate.
Her life’s work is to provide protection for this vulnerable population and help elders achieve a high quality of life while preserving dignity and respect.
Donna is a member of the Idaho State Bar Taxation, Probate and Trust Law Section, a member of the Idaho State Bar Professionalism and Ethics Section, past president and current member of the Treasure Valley Estate Planning Council and board member of Trust and Estate Professionals of Idaho. She has authored numerous articles on elder issues and lectures nationwide on estate planning and elder matters.
Published Works
Reconceptualizing Elder Abuse: Treating the Disease of the Senior Community Exclusion, Annals of Health Law, (Spring 2006). Co-authored with Dr. Bryan A. Liang.
Cited in
– Elder Abuse Detection In Nursing Facilities: Using Paid Clinical Competence To Address The Nation’s Shame, 39 J. Health L. 527 (Fall 2006).
– Stealing The American Dream: Can Foreclosure-Rescue Companies Circumvent New Laws Designed To Protect Homeowners From Equity Theft? Wis. L. Rev. 649, (2007).
– Family Law In the Twenty-First Century: An Annotated Bibliography, 21 J. Am. Acad. Matrim. Law. 271, (2008).
– Special Populations: Mobilization For Change, 25 Touro L. Rev. 467, (2009).
Professional Associations and Memberships
Idaho State Bar Association
Member in Good Standing
Taxation, Probate and Trust Law Section
Idaho State Bar Association
Member
Professionalism & Ethics Section
Idaho State Bar Association
Member
Treasure Valley Estate Planning Council
Member and Past President
Trust & Estate Professionals of Idaho
Board Member
C.A.R.E. Club, 2008-2009
Boise, Idaho
Board Member
Murrieta Chamber of Commerce, 2000-2002
Murrieta, CA
Board of Directors
Attorney Eric Glover
Bar Admissions
Idaho
U.S. District Courts, District of Idaho
Education
Gonzaga University School of Law, J.D., Juris Doctor
Wayne State University, M.L.I.S., Master of Library and Information Science
Boise State University, B.S., Bachelor of Science, Political Science
Professional Involvement
Idaho State Bar Taxation, Probate and Trust Law Section
Idaho State Bar Professionalism and Ethics Section
Attorney Eric Glover
Licensed since 2006, Eric Glover practices in the areas of estate planning and probate. A Boise native, Eric received his bachelor’s degree from Boise State University and his law degree from Gonzaga University School of Law.
During his career, Eric has worked in all three branches of Idaho’s state government, as well as in academia and private practice. He served as a judicial law clerk, deputy attorney general representing the state in Medicaid estate recovery matters, and the state’s legislative librarian where he provided legal research and analysis on legislation and other matters for members of the Idaho Legislature and legislative staff.
In addition, Eric served as a deputy prosecuting attorney, where his duties included representing the county treasurer in estates with no heirs, and as a law school professor. In private practice, Eric has practiced in the areas of estate planning, probate and trust administration, and estate and trust litigation. Eric is a member of the Idaho State Bar’s Taxation, Probate and Trust Law Section and Professionalism and Ethics Section.
Prior to attending law school, Eric worked as a case researcher for the Judge Judy television show.
Testimonials
Donna Schuyler specializes in elder law - estate planning - and guardianship. Having recently relocated from Pennsylvania to Idaho we were faced with the need to find and evaluate attorneys with such a breadth and depth of skills. We went through the search and evaluation process with several attorneys before we chose Donna. We are very pleased and thankful that we interviewed Donna and picked her to update our wills and execute documents for living wills and durable power of attorney for healthcare.
Donna's considerable experience as a professional in long term care, working with families, and her innate ability to be a teacher provided us with a great deal of confidence in our relationship. Standing in front of a whiteboard and holding a colored pen, Donna removed the mysticism of signing legal forms. In just a few short meetings with Donna, she quickly learned about our goals for ourselves and our heirs - children, grandchildren and charities.
It is not often that you receive excellent professional advice at a very reasonable fee, but that has been our experience with Donna.
My husband and I went to Donna to draw up a Will. We were very impressed by her knowledge and attention to detail. She was very good at explaining legal matters to us and she made sure all our investments were in order and had the proper names and beneficiaries on them, which ours did not. She is all about what is in the best interest of her client. The meeting with her went very smoothly and we felt very comfortable with her. We recommended her to our mother and she, too, was very impressed. I highly recommend and trust Donna. She will take very good care of you.
I want to thank you for extraordinary attention you devoted to my mother's issues. You have no idea how profound your comments were to my mom when we last met in your office. I just mostly wanted to thank you for your advice and expertise; I have followed through on your advice. The elderly need an advocate like you...keep up the good work, and thank you so much.
On behalf of my brother and mother, please accept our gratitude for your expert help in negotiating the interstate minefields of moving Mom from California to Idaho and guiding me through the financial quagmire left behind. Mom is now safe and has nothing to worry about. I know why you were recommended to me- you are the best!
Thank you so much for the time you spent with me and my husband talking about my mother’s situation. Your guidance was valuable to us and helped provide clarity on our direction. I am so impressed with how you have used your past professional experience to become an incredibly aware elder law attorney. Your journey will help many families!
I was very lucky the day I found Donna Schuyler. Donna is excellent at listening to my concerns and explaining issues in a way that make sense to a non-lawyer. She responds promptly to my questions, and always follows through on the many crucial details that matter when dealing with the law. She is thoroughly professional, reliable, and kind. In short, I couldn’t imagine working with anyone else.
Schedule an Appointment
If you would like to meet with Donna or Eric to discuss your elder law needs,
please contact our office today at (208) 344-1947.
Give Us A Call Today!
Schedule an Appointment
Mailing Address: P.O. Box 2617, Boise, Idaho 83701
Physical Address: 750 E. Warm Springs Avenue, Suite C, Boise ID 83712
Phone: 208-344-1947
Email: donna (at) elderlawboise (dot) com
Directions To Our Office:
Our office is located off Bannock directly behind the Children’s Home. Take Warm Springs to Straughan, left on Bannock, first left into parking lot. Our address is 750 Warm Springs Avenue, Suite C, Boise, ID 83712.
