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Recent Blog Posts
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 »
Medicaid Institutionalized Care Program (ICP)
Florida’s Medicaid Institutionalized Care Program (ICP) provides nursing home and other long-term care assistance for persons who meet financial and medical eligibility requirements. A basic chart published in January and July each year shows the program’s current asset and income limits. Florida began “privatizing” its Medicaid long-term care programs, including Home and Community Based… Read More »
When Should You Update Estate Planning Documents?
Just as individuals must visit doctors for check-ups, they should also have their estate planning documents periodically reviewed by an attorney to verify whether updates are needed given any changes in life circumstance. There are many reasons why an individual’s estate planning documents may require updating. Some of those reasons may include: if an… Read More »
Adult Day Care As An Alternative To Nursing Home Placement
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 »
The Role of Guardianship In Medicaid Planning
Frequently, families reach out to our office for Medicaid Planning on behalf of an elderly family member who no longer has the requisite capacity to understand and sign the necessary legal documents to create the conditions of eligibility. If the incapacitated person has a Power of Attorney and Heath Care Surrogate Designation, with the… Read More »
Satisfying Medicaid’s Income Cap
Florida Medicaid provides long term care benefits to individuals who have the requisite medical necessity and who comply with Medicaid’s financial restrictions. Aside from Medicaid’s asset cap, which requires Medicaid applicants to have less than $2,000 in their name, Medicaid also has an income cap of $2,205 per month. Consequently, even if a Medicaid… Read More »