Guardianship is a legal process a family uses to help a loved one who has a mental health disorder. We often associate guardianship with an elderly person who has dementia or Alzheimer and no longer has the capacity to make decisions. This incapacity can also present itself in a younger individual over the age of eighteen (18) years of age who has a mental health disorder and substance abuse. Mental health disorders that can interfere with the ability to make decisions including bipolar, schizoaffective disorder, personality disorders, eating disorders, dementia, alzheimers, traumatic brain injury, long term substance abuse, and PTSD. Call the Law Office of Audra Simovitch today to discuss how we can help your loved one get into treatment, stay in treatment, become medication complaint and a functioning person in society again.
What should I do if I am on public benefits, I have a family member on public benefits, or I need public benefits; and there is a big settlement check will I or my loved one be disqualified from receiving those benefits? Setting up a special needs trust will allow you or your family member to still qualify for public benefits such as SSI or Medicaid and still allow you to keep the settlement check. Call the Law Office of Audra Simovitch today to discuss how we can help you set up a special needs trust.
When a loved one passes away an estate is supposed to be opened within six (6) months of the date of death. There are many ways however that probate can be avoided with proper estate planning. Depending on what is in an estate prior to death will dictate how involved the court will be. There is a very simple probate procedure when an estate is valued under $75,000. Unfortunately, there may also be disagreements in a family when someone passes away as to the distribution of assets. The Law Office of Audra Simovitch has over twenty-five years of practice in the area of probate litigation call us if you need to probate an estate or if you did not get your fair share of the estate.
Everyone should have some type of estate plan to ensure that their loved ones appropriately receive their assets upon death. Estate planning protects assets from creditors and from the state deciding who receives your assets upon death. Estate planning also provides for a clear path for business succession and to avoid assets getting caught up in the court system. Call the Law Office of Audra Simovitch today to discuss how you can avoid probate, creditors, loss of assets, and a smooth transition of assets to your beneficiaries.