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Shalloway & Shalloway, P.A. - Elder and Special Needs Attorneys. Dedicated to preserving dignity and financial security
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Recent Blog Posts

Social Security Payments

Social Security Payments Increase, but Recipients May Not See Benefit

By Shalloway & Shalloway |

Social Security recipients typically receive a cost of living adjustment each year to the amount of their monthly check. For several years, that adjustment has been either very minor or nonexistent. However, the Social Security Administration announced that it would be providing a more-substantial 2% increase in 2018. Unfortunately, many Social Security beneficiaries have… Read More »

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Assisting Aging Parents in Moving to a New Home

By Shalloway & Shalloway |

If your parents have recently reached an age where they can no longer manage to care for both themselves and their home, you may be thinking through what steps you’ll need to take to help them transition into a new living arrangement. Helping your senior parents move out of their longtime home can be… Read More »

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Real Estate Challenges with Medicaid Planning

By Shalloway & Shalloway |

When an individual applies for Medicaid coverage for skilled nursing home care or home healthcare aides, real estate holdings may pose a barrier to the individual’s financial eligibility. In Florida, a homestead property is an exempt, non-countable asset if the equity in the homestead property is $560,000 or less. Any equity over $560,000 is… Read More »

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A speacial needs journal

Beginning the Special Needs Planning Process

By Shalloway & Shalloway |

Having a child with special needs can bring great joy to a family, while also presenting great challenges. When a child is born with special needs, it’s never too early to begin the process of planning and preparing for their future. Based on your family’s unique circumstances, an attorney who focuses on helping those… Read More »

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Challenges for Florida’s Skilled Nursing Facilities

By Shalloway & Shalloway |

The nursing home industry in Florida recently came under scrutiny in the aftermath of Hurricane Irma after a nursing home in Hollywood was unprepared for the hurricane’s effects. The nursing home lost power during the hurricane and did not make provision for alternate methods of generating electricity for the facility. As a result, the… Read More »

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Residency Agreements and Arbitration Clauses

By Shalloway & Shalloway |

Clients may consult our firm to review the terms of a residency agreement for a skilled nursing facility. In the health care context, the enforceability of pre-dispute agreements to arbitrate instead of litigate any future claims that may arise is a subject of vigorous debate itself. Critics of arbitration clauses in the skilled nursing… Read More »

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Financial Gifts to Children

By Shalloway & Shalloway |

After her 73 year old husband, Harold, suffers a paralyzing stroke, Mildred and her daughter, Joan, need advice. Dark circles have formed under Mildred’s eyes. Her hair is disheveled. Joan holds her hand. “The doctor says Harold needs long-term care in a nursing home,” Mildred says. “I have some money in savings, but not… Read More »

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Case Study: Medicaid Planning for Family with Special Needs Child

By Shalloway & Shalloway |

Margaret and Sam have always taken care of their daughter, Elizabeth. She is 45, has never worked, and has never left home. She is “developmentally disabled” and receives SSI (Supplemental Security Income). They have always worried about who would take care of her after they die. Some years ago, Sam was diagnosed with dementia…. Read More »

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Guardianship Avoidance

By Shalloway & Shalloway |

As individuals enter their elderly years, or when individuals experience a traumatic injury that leaves them incapable of caring for themselves, sometimes it is necessary for their loved ones to establish a guardianship in order to protect and care for the elderly or injured person. Certain injuries, such as traumatic brain injuries, or diseases,… Read More »

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Medicaid Planning And Trust Modification

By Shalloway & Shalloway |

Medicaid Planning may require a trust modification to create or preserve the conditions of financial eligibility. For example, a person who is a trust beneficiary and Medicaid recipient might need to be divested of their interest to avoid a gift exceeding their asset cap. While any proposed trust modification must be weighed carefully and… Read More »

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