Estate Planning, Guardianship and Special Needs Trusts with Boca Raton Attorney Audra Simovitch
Planning for Oneself
Most people reach a stage in life where they plan for how they want their business, estate, and personal healthcare be managed. Throughout more than 20 years in estate planning law, attorney Audra Simovitch has worked with clients to put the plans and protection into place for individuals and families.
Caring for Other Adults
Longer life expectancy, degenerative disease, complex family structures, addiction, autism, mental illness. Modern life has significantly impacted estate planning and guardianship. Many of us will step into roles as legal guardians to other adults that we never anticipated. The Law Office of Audra Simovitch stands ready to guide families through the legal tools and solutions for managing the care and assets of vulnerable adults.
Competency Planning: Estate Planning for Modern Life
The primary goal of competency planning - for yourself or for a family member - is to protect our clients’ wishes now and in the future. Proper planning now will save money in the future by reducing the likelihood of expensive court proceedings, such as guardianship or conservatorship proceedings.
In the News
There are times in life when an adult may need the guidance and support of a guardian. Guardianship for adults is often legally different than guardianship for minors.
Thinking about your estate plan can be challenging and considering what happens to your family after you are gone is often even more challenging.
Competency Planning: The 4 Documents You Need to Know
Should you, or someone for whom you have guardianship, become incapacitated, the following documents become the cornerstones of your care and the directive for those who care for you.
General Durable Power of Attorney - A General Durable Power of Attorney or Financial Power of Attorney. This document is an important estate planning document and allows you to appoint someone to have legal authority to help you with financial affairs if you need help at some point due to, mental illness, substance, abuse, illness, or old age. Often time this document is very effective if there is a history of drug addiction lack of treatment or medication compliance with mental health disorders or eating disorders. This document is crucial for Medicaid planning to transfer assets to qualify and to protect assets.
Health Care Proxy - With a Health Care Proxy, you appoint someone to make medical decisions on your behalf in case your doctor decides you are ever unable to make or communicate health care decisions by yourself. Upon recovery, you make decisions for yourself once again. In Florida spouses do not automatically have this authority unless they are designated as the health care proxy designates them as such. This document will also help a family and allow them to make medical and treatment decisions for their loved one who suffers from substance abuse, mental health disorder, or eating disorder so that a guardianship might not be necessary.
Advance Directive, A.K.A. “Living Will” - With an Advance Directive, you specify your wishes for health care measures in end-of-life situations.
HIPAA Authorization & Release - 2003 federal privacy law prevents doctors and hospitals from being able to discuss your health with family members. A HIPAA Authorization and Release lists all people whom health care providers can talk to about your health, notwithstanding the federal privacy law.