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Recent Blog Posts

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The Role of Guardianship In Medicaid Planning

By Shalloway & Shalloway |

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 »

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Satisfying Medicaid’s Income Cap

By Shalloway & Shalloway |

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 »

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Medicaid Planning for Individuals with Questionable Capacity

By Shalloway & Shalloway |

At a certain point in life, many individuals begrudgingly require the services of a skilled nursing facility. This can be especially true of individuals affected by dementia or other conditions that result in cognitive impairment. If such individuals prepare for this potential stage of life by executing estate planning documents (durable power of attorney,… Read More »

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Florida Governor Scott and U.S. Senator Bill Nelson Advocate for Medicaid Security amidst Legislative Reform Proposals

By Shalloway & Shalloway |

Both the US Senate and House have introduced bills that could potentially bring changes to the funding and laws surrounding American health care. Advocating for the rights of the people to receive adequate health care coverage, Florida Governor Rick Scott and U.S. Senator Bill Nelson have recently expressed their opinions on how these bills… Read More »

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Florida’s Homestead Law

By Shalloway & Shalloway |

Florida’s homestead laws touch three distinct areas: (1) death, descent and distribution (2) property tax and (3) asset protection. Working with a Florida Elder law firm is vital to understanding the interaction between these laws and implementing a holistic plan that optimizes the benefits each affords. The Florida Constitution and Statutes jointly address how… Read More »

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How Medicaid Planning Can Supplement or Replace Long-Term-Care Insurance

By Shalloway & Shalloway |

Unless you are healthy enough to be deemed insurable and can afford premiums for over 20 years, a LTC Policy is not always the most affordable way to finance care. A LTC policy may be a wonderful tactic to stem the cost and play a role along with Medicaid planning. However, seniors often express… Read More »

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Non-Bankruptcy Strategy for Seniors Debt

By Shalloway & Shalloway |

Sadly, seniors and individuals with a disability struggle not only with rising medical costs & long term care expenses from Nursing Homes, Assisted Living & Home Health Care but with the stress of an unpaid debt while living on fixed incomes. Although our firm’s primary concentration is Medicaid, Veterans Benefits and Special Needs Planning,… Read More »

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Understanding Florida Medicaid’s Transfer Rules

By Shalloway & Shalloway |

Florida Medicaid provides various benefits to eligible individuals, including benefits that provide home healthcare aides as well as assist with the cost of skilled nursing facilities or assisted living facilities. When an individual files a Florida Medicaid application for the purpose of receiving such benefits, the Medicaid office scrutinizes all transfers made by the… Read More »

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What Happens to Debts after You Pass?

By Shalloway & Shalloway |

As you think through how you wish your estate to be distributed upon your death, you may have a plan for which of your relatives and loved ones should inherit your home or other most treasured possessions. One often-overlooked aspect of estate planning is the debt of the person who dies. Do you know… Read More »

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High-Income Surcharges for Medicare

By Shalloway & Shalloway |

The federal government’s means testing can have a substantial impact on the life of any Medicare recipient, since it can affect whether or not that individual qualifies for Medicaid, as well as whether they’ll pay even more each month through a surcharge. Read on to learn more about when surcharges are imposed, and speak… Read More »

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