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Category Archives: Attorney Articles

Can an Inheritance Affect Public Benefits

How an Inheritance Can Affect Public Benefits in Florida

By Shalloway & Shalloway |

Family members and loved ones often recognize the importance of setting aside funds for a beneficiary with a disability and want to ensure those funds remain available long after they pass away. However, how those funds are left to the beneficiary is extremely important. Without proper planning, a generous and well-intentioned inheritance can cause… Read More »

Special Needs Trusts in Florida

Special Needs Trusts in Florida: Protecting Government Benefits While Enhancing Quality of Life

By Shalloway & Shalloway |

For families of a person with special needs, one of the most difficult planning questions is also one of the most important: How can we provide financial security for our loved one without accidentally causing the loss of valuable government benefits? The answer is often a Special Needs Trust (SNT). A properly designed Special… Read More »

Florida Special Needs Planning

Why Every Parent of a Child with Special Needs Needs More Than a Will

By Shalloway & Shalloway |

For most Florida parents, preparing a will is an important part of responsible estate planning. For the parent of a child with a disability, however, a will may be only one piece of a much larger puzzle. A well-drafted special needs plan must answer questions that extend far beyond who inherits the parents’ assets:… Read More »

Florida Medicaid spousal refusal

Married Couples and Medicaid: How the Healthy Spouse Can Avoid Financial Devastation

By Shalloway & Shalloway |

The cost of long-term care can quickly become one of the largest financial burdens faced by an older married couple. In Florida, skilled nursing facilities can cost between $15,000 and $20,000 per month for an individual, while assisted living facilities may cost approximately $5,000 to $8,000 per month. At these rates, even couples with… Read More »

Florida 5-Year Lookback

Why the Five-Year Medicaid Lookback Period Isn’t Always the Disaster Families Fear

By Shalloway & Shalloway |

When a Florida family begins planning for long-term care, one phrase can cause immediate panic: “the five-year lookback.” Families often hear that Medicaid will examine everything they have done with their money during the previous five years and assume that one mistake—or one gift to a child—will automatically result in five years without Medicaid…. Read More »

Florida Medicaid Home Care

Florida Medicaid Home Care: How the Waiver Program Can Help You Stay at Home

By Shalloway & Shalloway |

Most people assume Medicaid only helps pay for nursing home care. In reality, Florida also offers home- and community-based services that may allow eligible individuals to receive care while remaining in their own homes. Through Florida’s Home and Community Based Services (HCBS) Medicaid Waiver Program, eligible individuals may receive assistance with: daily activities home… Read More »

Medicaid rules professionals should know

Can Your Client Keep the Family Home AND Qualify for Medicaid? Florida Medicaid Rules Every Professional Should Know

By Shalloway & Shalloway |

What Florida attorneys and allied professionals should know about Medicaid eligibility, the family home, carrying costs, rental income, replacement property, and estate recovery. For many Florida clients, the family home is their most valuable asset, both financially and emotionally. While a primary residence may be excluded when determining Medicaid eligibility, that does not necessarily… Read More »

Florida Long-Term Care

Florida Long-Term Care Insurance vs. Medicaid: How They Work Together

By Shalloway & Shalloway |

One of the biggest financial risks facing Florida retirees isn’t the stock market, it’s the cost of long-term care. Whether care is needed at home, in assisted living, or in a nursing facility, expenses can quickly drain a lifetime of savings. Understanding how Florida long-term care insurance and Florida Medicaid work together can help… Read More »

Florida Medicaid asset limit

The Florida Medicaid Asset Limit Explained

By Shalloway & Shalloway |

What Counts, What Doesn’t, and What Families Often Get Wrong One of the biggest misconceptions about the Florida Medicaid asset limit is that you must spend almost everything you own before you can qualify. While Medicaid does have strict financial rules, not everything you own counts toward the asset limit. In fact, many valuable… Read More »

Florida long-term care planning

Protect Your Life Savings from Florida Long-Term Care Costs

By Shalloway & Shalloway |

For many families, the fear isn’t death. It’s the cost of getting there. A serious illness, dementia diagnosis, stroke, or simply the effects of aging can create a need for long-term care that lasts for years. Unfortunately, long-term care is expensive. Assisted living facilities in Florida commonly cost several thousand dollars per month, while… Read More »