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Category Archives: Attorney Articles

Special Needs Trust in Florida

How a Special Needs Trust in Florida Can Protect an Inheritance for a Child with Special Needs

By Shalloway & Shalloway |

For parents and grandparents of a child with special needs, one question often keeps them up at night: “What will happen to my child when I’m gone?” Most families want to leave money or property to help provide for a loved one’s future. Unfortunately, a well-meaning inheritance can sometimes create unexpected problems. If assets… Read More »

Hidden Cost of Waiting

The Hidden Cost of Waiting: Why Florida Families Lose More Than Money When They Delay Medicaid Planning

By Shalloway & Shalloway |

Applying for Medicaid can be a long and stressful process but much of that can be avoided by working with an elder law attorney to plan in advance.  Starting the Florida Medicaid planning process before an individual needs care can ensure that assets are protected and help make for a smooth application process when… Read More »

2026 Expanded Eligibility Age for ABLE Accounts

ABLE Accounts in 2026: Expanded Eligibility Creates New Planning Opportunities for Medicaid, SSI, and Special Needs Beneficiaries

By Shalloway & Shalloway |

For Florida families navigating disability planning, Medicaid eligibility, SSI preservation, and special needs trust planning, the expansion of ABLE account eligibility creates important new opportunities. A Landmark Change in Florida Disability Planning Beginning January 1, 2026, one of the most important disability planning reforms in recent memory took effect. The ABLE Age Adjustment Act… Read More »

Assisted Living vs. Nursing Homes

Assisted Living vs. Nursing Homes: Florida Medicaid Planning Explained

By Shalloway & Shalloway |

As Florida’s population continues to age, more Florida families are facing difficult decisions about long-term care for aging parents, spouses, or even themselves. One of the most common areas of confusion involves the difference between assisted living facilities and nursing homes — and perhaps even more importantly, how these types of care can be… Read More »

Free Home Health Care

How to Get Free Home Health Care in Florida

By Shalloway & Shalloway |

This prooves you or a loved one needs help at home because of age, illness, or disability, the cost of care can feel overwhelming. The good news is that Florida Medicaid offers programs that can cover home health care services at little or no cost for those who qualify. Even if your loved one… Read More »

First-Party vs Third-Party

Understanding Florida Special Needs Trusts: First-Party vs. Third-Party Trusts

By Shalloway & Shalloway |

What is a Florida Special Needs Trust? A Florida Special Needs Trust, also referred to as a supplemental care trust, is a type of trust that allows for assets to be available for a beneficiary while not interfering with important government programs that the beneficiary receives, such as Medicaid, Social Security Disability and Food… Read More »

Medicaid Planning vs Insurance Explained – Blog

Florida Medicaid Planning as an Alternative to Long-Term Care Insurance

By Shalloway & Shalloway |

Why Long-Term Care Planning is Often Overlooked Florida Medicaid planning is an increasingly important part of long-term care planning, yet it remains one of the most overlooked areas of retirement and estate strategy. Families often assume Medicare will pay for an extended nursing home stay or that they can address the issue later if… Read More »

Qualify for Medicaid – Blog

Medicaid Planning Florida: Protect Assets with Irrevocable Trusts

By Shalloway & Shalloway |

Qualifying for Medicaid requires meeting strict income and asset limits. In Florida, applicants are generally limited to just $2,000 in countable assets, though certain items like a primary residence and vehicle are exempt. Because of these limitations, many individuals assume they are not eligible for Medicaid. Fortunately, with proper planning, it is often possible… Read More »

Guardianships nd Special Needs Trusts

Guardianships and Special Needs Trusts in Florida: How They Work Together

By Shalloway & Shalloway |

When a loved one can no longer manage their own affairs, many families turn to guardianship in Florida as a solution. But what many people don’t realize is that there are also powerful planning tools, called Special Needs Trusts (SNTs), that can support or even reduce the need for court involvement. Even more importantly,… Read More »

Qualified Income Trust

What Is a Qualified Income Trust (QIT)? A Guide to Medicaid Eligibility in Florida

By Shalloway & Shalloway |

A Qualified Income Trust (QIT), also known as a Miller Trust, is a specialized legal tool used in Medicaid planning. Unlike other types of trusts that are designed for probate avoidance or asset protection, a QIT serves one very specific purpose: helping individuals qualify for Florida Medicaid long-term care benefits when their income exceeds… Read More »