Shalloway and Shalloway, P.A.

Recent Blog Posts

Assisted care home

Residence Models for Senior Requiring Assistance

By Mark Shalloway |

When loved ones are no longer capable of independently caring for themselves, they may need to consider the different kinds of assistance available to help them continue living fulfilling lives. Medicaid’s institutional care program can help individuals with the cost of acquiring this additional assistance. If the provision of home health care aides is… Read More »

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The Development of the Living Will

By Mark Shalloway |

The case of Terri Schiavo garnered a great deal of public attention and sparked an interest in advanced health care directives known as living wills. Because Terri did not have a living will, after a heart attack left her unconscious for almost a decade, Terri’s husband sought to become her guardian in order to… Read More »



By Mark Shalloway |

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 »

Assets sign

Special Needs Trusts and VA Asset Planning

By Mark Shalloway |

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 »

Nursing home abuse

Signs that Your Loved One May Be a Victim of Nursing Home Abuse

By Mark Shalloway |

The US population’s average age is increasing rapidly, and growing with it is the population of the nation’s nursing homes. While many nursing homes provide competent, gentle care to their residents, some are prone to neglecting or abusing residents emotionally, verbally, or physically. Below, find out more information about the problem of elder abuse,… Read More »

Key hole that reads trust

The Qualified Income Trust

By Mark Shalloway |

The Problem Florida imposes an income cap for eligibility for the Medicaid institutional care (long term custodial nursing home care) program. The income gap is three times the SSI limit. The income cap is currently $2,205 per month. Since the private pay costs for nursing home benefits in Florida average much more then that… Read More »

Lady signing her last will and testament

Qualified Elective Share Special Needs Trust

By Mark Shalloway |

When a married individual decides to apply for Medicaid benefits, the applicant’s spouse will almost always need to execute a new last will and testament. If the applicant’s spouse has a pre-existing last will and testament, it typically devises most, if not all, of the estate to the Medicaid applicant-spouse. Even if the applicant’s… Read More »

Long-term health care sign

Medicaid Planning with Long Term Care Insurance

By Mark Shalloway |

Long term care insurance became a popular commodity in the 1980s as individuals sought to plan for potentially needing long term care services, such as home health care, assisted living facility care or skilled nursing facility care. Given the enormous cost of long term care services, along with Medicare’s lack of coverage for these… Read More »

Page that reads Estate & Trust

Who Needs a Self-Settled (d4a) Special Needs Trust?

By Mark Shalloway |

A Self-Settled (d4a) Special Needs Trust is an important tool if you are a disabled Individual who is over the required asset cap for a given government benefit and wish to qualify for government benefits including but not limited to; SSI, SSDI, Food Stamps, Medicaid, or Section 8 Housing. The “d4A” designation comes from… Read More »

Home health care

Medicaid’s Home Health Care Benefit

By Mark Shalloway |

Medicaid’s Institutional Care Program provides three main benefits: a skilled nursing facility benefit, an assisted living facility benefit, and a home health care benefit. As individuals near their elder years, they typically wish to remain in their homes for as long as possible given the comfort provided by familiar surroundings. Medicaid’s home health care… 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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