Shalloway and Shalloway, P.A.

Recent Blog Posts

Man signing his Will

Shalloway & Shalloway Presents to Fort Stewart JAG Corps

By Mark Shalloway |

Shalloway & Shalloway recently presented to Fort Stewart Judge Advocate General (JAG) Corps on behalf of Stetson Law School. The presentation topics included elder law, special needs care and estate planning. Mark Shalloway, President of Shalloway & Shalloway, was one of the main speakers at this pro bono event. The talks were well-received by… Read More »

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Disbursements from the Special Needs Trust

By Mark Shalloway |

As Trustee, you have sole control of the funds in the Special Needs Trust.  This deliberate delegation of power is the only way that the law allows a disabled person to continue to receive government benefits while being over the allowed asset cap. All SNT disbursements must be for the sole benefit of the… Read More »

A document that reads power of attorney

Durable Powers of Attorney

By Mark Shalloway |

On October 1, 2011, Florida’s power of attorney law changed when the state adopted large parts of the Uniform Power of Attorney Act. This law introduced significant changes to how power of attorney documents are regulated and the duties an attorney-in-fact owes to the principal. The principal is defined as the individual granting certain… Read More »

Medicaid program folder

Medicaid Institutionalized Care Program (ICP)

By Mark Shalloway |

Florida’s Medicaid Institutionalized Care Program (ICP) provides nursing home and other long-term care assistance for persons who meet financial and medical eligibility requirements. A basic chart published in January and July each year shows the program’s current asset and income limits. Florida began “privatizing” its Medicaid long-term care programs, including Home and Community Based… Read More »

Estate planning document

When Should You Update Estate Planning Documents?

By Mark Shalloway |

Just as individuals must visit doctors for check-ups, they should also have their estate planning documents periodically reviewed by an attorney to verify whether updates are needed given any changes in life circumstance. There are many reasons why an individual’s estate planning documents may require updating. Some of those reasons may include: if an… Read More »

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By Mark Shalloway |

Isolation is often a great danger to elders living independently and, as an alternative to moving into a Nursing Facility or Assisted Living Facility, many elders have been able to remain living at home with the assistance of adult day care programs. Adult day care programs are community-based and provide a safe, supervised alternative… Read More »

a book that reads guardianship

The role of guardianship in Medicaid planning

By Mark Shalloway |

Frequently, families reach out to our office for Medicaid Planning on behalf of an elderly family member who no longer has the requisite capacity to understand and sign the necessary legal documents to create the conditions of eligibility. If the incapacitated person has a Power of Attorney and Heath Care Surrogate Designation, with the… Read More »

Extra income

Satisfying Medicaid’s Income Cap

By Mark Shalloway |

Florida Medicaid provides long term care benefits to individuals who have the requisite medical necessity and who comply with Medicaid’s financial restrictions. Aside from Medicaid’s asset cap, which requires Medicaid applicants to have less than $2,000 in their name, Medicaid also has an income cap of $2,205 per month. Consequently, even if a Medicaid… Read More »

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Medicaid Planning for Individuals with Questionable Capacity

By Mark Shalloway |

At a certain point in life, many individuals begrudgingly require the services of a skilled nursing facility. This can be especially true of individuals affected by dementia or other conditions that result in cognitive impairment. If such individuals prepare for this potential stage of life by executing estate planning documents (durable power of attorney,… Read More »

Man on wheelchair

Individuals with Disabilities May Now Establish Their Own Special Needs Trusts

By Mark Shalloway |

In the past, a self-settled special needs trust (SNT) could only be established by a parent, grandparent, guardian, or court. On December 13, 2016, the 21st Century Cures Act (H.R.34 — 114th Congress (2015-2016)) changed that. Section 5007 of the Act, titled “Fairness in Medicaid Supplemental Needs Trusts” incorporates language from the Special Needs… Read More »

Shalloway & Shalloway, P.A., is located in West Palm Beach, FL and serves clients in Palm Beach, Broward, Dade, Okeechobee, Martin and St. Lucie Counties.

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