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Recent Blog Posts
The Qualified Income Trust
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 »
Qualified Elective Share Special Needs Trust
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 »
Medicaid Planning with Long Term Care Insurance
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 »
Who Needs a Self-Settled (d4a) Special Needs Trust?
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 »
Medicaid’s Home Health Care Benefit
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 »
Ethical Issues In Medicaid Planning
Most people are uncomfortable getting something for nothing. They are happy to pay their fair share for the blessings bestowed by being an American. Our government has established Medicaid rules and fairness exceptions to those rules that are designed to allow a recipient to get quality long term nursing home care and pay a… Read More »
Changes to Laws on Medicare Set-Asides
In early 2017, the Centers for Medicare & Medicaid Services (CMS) announced a change in its policy regarding Medicare Set-Aside arrangements for recipients of liability or no-fault insurance benefits. Beginning on October 1, 2017, recipients of settlements from liability or no-fault auto insurers who are insured by Medicare could be forced to pay medical… Read More »
Shalloway & Shalloway Presents to Fort Stewart JAG Corps
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 »
Disbursements from the Special Needs Trust
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 »
Durable Powers of Attorney
On October 1, 2011, Florida’s power of attorney law changed when the state adopted large parts of the Uniform Power of Attorney Act. This law introduced significant changes to how power of attorney documents are regulated and the duties an attorney-in-fact owes to the principal. The principal is defined as the individual granting certain… Read More »