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The coronavirus pandemic continues to rage on, hamstringing the economy and sending thousands of Americans to the hospital every day. We previously discussed how this is a perfect time to take care of estate planning tasks that you may have been putting off. Times are uncertain, and things can take a turn for the… Read More »
The special needs trust is the formal legal document we create to impose legal responsibilities and duties on those entrusted with helping the beneficiary. A letter of intent does not impose additional legal duties and responsibilities, but offers useful supplemental information regarding the beneficiary. It also gives those helping the beneficiary guidance on some… Read More »
Various means-tested pension benefits, such as the VA aid and attendance benefit, are available for veterans and surviving spouses that meet medical and financial eligibility criteria. Self-settled special needs trusts for individuals under the age of 65 and pooled special needs trusts are viable planning tools for satisfying VA financial eligibility rules when an… Read More »
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 »
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 »
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 »
NAELA: The National Academy of Elder Law Attorneys plays an active role in matters of public policy. The association may be contacted at the following address: National Academy of Elder Law Attorneys, 1577 Spring Hill Rd. Ste. #220, Vienna, VA 22182 Ph: (703) 563-9504 www.naela.org The association has a public policy consultant in Washington,… Read More »
Individual Attorneys: Changes to Elder Law are derived from the actions of individual attorneys who are advocating for their clients. Elder Law attorneys are leaders of their communities and the profession of Elder Law. They re-present a respected segment of the general population. The work done by the Elder Law Bar is designed to help… Read More »
Multiple Sclerosis: Multiple sclerosis (MS) is a chronic, often disabling disease that attacks the central nervous system, the brain, spinal cord and optic nerves. Symptoms include numbness in the limbs or even paralysis or loss of vision. Progress, severity and specific symptoms are unpredictable. There are four courses of the disease: Relapsing-Remitting MS. Patients… Read More »
Due to age or disability, you may need assistance in some of your daily living activities. Whether you have someone coming over once or twice a week to help with cooking and cleaning, or if you have a live-in caregiver, having a stranger in your home while you are limited in your mobility can… Read More »