Shalloway and Shalloway, P.A.

Recent Blog Posts

notebook that reads medicaid

Real Estate Challenges with Medicaid Planning

By Mark Shalloway |

When an individual applies for Medicaid coverage for skilled nursing home care or home healthcare aides, real estate holdings may pose a barrier to the individual’s financial eligibility. In Florida, a homestead property is an exempt, non-countable asset if the equity in the homestead property is $560,000 or less. Any equity over $560,000 is… Read More »

A speacial needs journal

Beginning the Special Needs Planning Process

By Mark Shalloway |

Having a child with special needs can bring great joy to a family, while also presenting great challenges. When a child is born with special needs, it’s never too early to begin the process of planning and preparing for their future. Based on your family’s unique circumstances, an attorney who focuses on helping those… Read More »

Legal protection sign with gavel

Challenges for Florida’s Skilled Nursing Facilities

By Mark Shalloway |

The nursing home industry in Florida recently came under scrutiny in the aftermath of Hurricane Irma after a nursing home in Hollywood was unprepared for the hurricane’s effects. The nursing home lost power during the hurricane and did not make provision for alternate methods of generating electricity for the facility. As a result, the… Read More »

Nursing home with seniors sitting

Residency Agreements and Arbitration Clauses

By Mark Shalloway |

Clients may consult our firm to review the terms of a residency agreement for a skilled nursing facility. In the health care context, the enforceability of pre-dispute agreements to arbitrate instead of litigate any future claims that may arise is a subject of vigorous debate itself. Critics of arbitration clauses in the skilled nursing… Read More »

A stack of money with a bow wrapped around it

Financial Gifts to Children

By Mark Shalloway |

After her 73 year old husband, Harold, suffers a paralyzing stroke, Mildred and her daughter, Joan, need advice.  Dark circles have formed under Mildred’s eyes.  Her hair is disheveled.  Joan holds her hand. “The doctor says Harold needs long-term care in a nursing home,” Mildred says. “I have some money in savings, but not… Read More »

Mother with special needs daugther

Case Study: Medicaid Planning for Family with Special Needs Child

By Mark Shalloway |

Margaret and Sam have always taken care of their daughter, Elizabeth.  She is 45, has never worked, and has never left home.  She is “developmentally disabled” and receives SSI (Supplemental Security Income).  They have always worried about who would take care of her after they die.  Some years ago, Sam was diagnosed with dementia. … Read More »

Elderly woman sitting down

Guardianship Avoidance

By Mark Shalloway |

As individuals enter their elderly years, or when individuals experience a traumatic injury that leaves them incapable of caring for themselves, sometimes it is necessary for their loved ones to establish a guardianship in order to protect and care for the elderly or injured person. Certain injuries, such as traumatic brain injuries, or diseases,… Read More »

Laptop that reads modification

MEDICAID PLANNING AND TRUST MODIFICATION

By Mark Shalloway |

Medicaid Planning may require a trust modification to create or preserve the conditions of financial eligibility. For example, a person who is a trust beneficiary and Medicaid recipient might need to be divested of their interest to avoid a gift exceeding their asset cap. While any proposed trust modification must be weighed carefully and… Read More »

Planning medicaid

Medicaid Planning for a Client with Questionable Capacity

By Mark Shalloway |

When planning, we must consider the person’s ability to understand the strategy and execute new documents. The concept of capacity in Florida is a matter of degree. Here, the law holds that various actions require different amounts of capacity, depending upon the complexity of the action.  Florida also recognizes that people’s capacity can fluctuate… Read More »

Refused stamp

A Guide to Spousal Refusal

By Mark Shalloway |

Spousal refusal is a great strategy to gain Medicaid eligibility and assist in paying for the extremely high cost of care for your institutionalized spouse.  This is the only strategy that will allow you, as the community spouse, to retain control and access to ALL of your assets while simultaneously getting your spouse approved… 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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