Category: Eldercare Lawyers

Recent Posts

Case Study: How An Elder Law Attorney Can Help Families Save Thousands

Credit: Legacy Lawyers

Caring for an elderly loved one is an essential step everyone must take at some point in life. As the middle class shrinks, this is unfortunately not a financially easy thing to do. Whether being the one to supervise an elderly loved one, hiring an at-home aide, or sending them to an assisted living facility, to ensure a beloved senior lives a high-quality life for the remainder of their years a families often must pay a fortune in medical and nursing care. Total costs can easily climb upwards of $100,000!

Even if the at-home aide is only there for a few hours a week, the hourly cost quickly adds up. With all the necessary fees, assisted living centers can easily cost several thousand dollars a month.

Credit: Culpepper Place

Every year, these costs increase, making it difficult for the average family to stay afloat and afford quality care for their loved ones. While many families may earn too much money to qualify for certain government benefits, they don’t make enough to cover these costs of living on their own. This is where guidance from elder and special needs lawyer can help by offering a roadmap to finding proper care and benefits for your family.

An Elder & Special Needs Attorney Can Save Your Family Thousands of Dollars

The worst thing to do is try to tackle these costs on your own. With so many different benefits and the legal jargon surrounding it, figuring out what works best for your loved one can be as difficult as deciphering an unfamiliar language. For those who aren’t quite to this point, but want to plan for their future, figuring out a financial plan might seem like it would only be a few steps when it is so far from that.

Credit: Pittsburgh Post-Gazette

Don’t shoulder these important, financial decisions on your own. Unless you have a background in finance or law yourself, it is entirely possible that you will miss some detail that could have saved you even more money as incoming elder care costs.

Shalloway & Shalloway

Arnold Ruderman, a recent client of elder and special needs attorney Mark Shalloway spoke of his experience in looking for legal help for his estate and family law issues: I was in search of someone to help me with a will, financial and medical issue regarding my family and loved ones. We were in a position of trying to find the best financial options for our legal needs.” Mr. Ruderman described his experience with Mr. Shalloway thusly:

“Excellent, very professional, very thorough, easy, explained everything, transparent as far as the different options and we felt very comfortable with our attorney, Mark Shalloway, I felt he had valuable experience that I could trust and that could help me make the best legal and financial decisions for my family. He is very good at what he does.”

A quality elder law attorney will be able to take an unbiased approach to your case, opening doors for you that you never thought could be opened, and getting you exactly the results you require.

“When families reach out they are often middle-class– but not necessarily very wealthy,” according to Mark Shalloway, president of West Palm Beach elder law firm Shalloway & Shalloway says. “Some of our clients are pro-bono, but most are middle class. The middle class fall through the cracks because they don’t fit the requirements for benefits, and they are not quite wealthy enough to hire independent caregivers around the clock. They work hard—they could be teachers, or doctors, or journalists, or other good, hard working people who have saved and are facing Alzheimer’s, stroke, Parkinson’s, or have a spouse or child with special needs. They can face these diseases for years—for the rest of their lives—and that can impoverish you. If we can do Medicaid planning, that can help.”

For 30 years, Shalloway & Shalloway has been South Florida’s premiere firm for all things elder law. The umbrella of elder law is a wide one, and the firm will cover it all– elder care, veterans benefits, Medicaid planning, estate planning, wills & trusts, and more. Mark Shalloway is known for his “plain English” approach to law. He lays everything out on the table for clients, because he wants them to be absolutely confident in the decisions they make. During such a stressful time in one’s life, clients need an attorney who will be honest and transparent with them. Shalloway and his staff will do just that.

Free Consultations & Free Virtual Seminars

If a client wants to learn a little more about the world of elder law before scheduling an appointment with Shalloway, they can attend one of his monthly seminars. This virtual program occurs via Zoom, and can help clients more comfortably navigate any of the areas of practice elder law encompasses.

Credit: Sami Stoloff

The law firm of Shalloway & Shalloway also offers free consultations for those who have many questions in are in need of some direction.

For more information on Shalloway & Shalloway, call 561-686-6200, or fill out this contact form.

1400 Centrepark Blvd. Suite #600, West Palm Beach, FL 33401

Medicaid Planning and Assisted Living

Nursing homes, assisted living, and homecare services for an elder in need are a difficult expense for many middle-class families to manage. Home health care can be anywhere from $2,000 to $12,000 a month. Assisted living can be anywhere from $3,000 to $8,000 a month. Nursing homes can be anywhere from $9,000 to $14,000 a month. The responsibility to help pay for these services falls on the shoulders of the elder’s children, and while it is a reality many don’t want to face, when their parent frequently falls, wanders, or drives when they should not be, it becomes exceedingly clear just how important extra care is to the elder’s wellbeing.

Things Nursing Homes Are Not Allowed to Do
Credit: Investopedia

A few typical diseases that require long-term care versus short-term care are:

  • Alzheimer’s
  • Parkinson’s
  • Stenosis
  • Neuropathy
  • “Dementia“
  • Stroke

Medicare will not pay for care unless you specifically purchased “long-term care
insurance.” All other insurances, including the military Tri-care for Life, will not pay for so-called “unskilled” or “custodial” care. Medicare and its various Advantage Plans and Supplemental policies cover “short-term skilled” care and will not pay for care longer than about 100 days– be that in a nursing home, your personal residence, or anywhere else. The situation isn’t any better for veterans. Many veterans and their families mistakenly believe the VA will pay for at-home health aides, assisted living, and nursing home care because they use VA doctors and get their prescriptions from the VA. Typically, only service-connected disabled vets are an exception, but not for their spouse.

Hands of an old woman and a young man. Caring for the elderly ...
Credit: Savvy Tokyo

Medicaid is often the answer for those who need help. Financially, the demographics that benefit most from Medicaid planning are middle class married couples worried about impoverishment, a spouse due to the diseases and conditions above, a widow or widower, or an elder’s kids worried about running out of money for their parents and having to pay out of pocket.

So how can Medicaid help relieve some off that strife?  There are three key places:

  • Free home aids up to 5 hours a day. Medicaid will also pay for optional adult day care, diapers, prescriptions, medical transportation, physical and occupational therapy, and more. You can add or hire more hours a
    day to this on your own if you need.
  • Care at the assisted living facility. You pay for room and board (rent and food), and Medicaid will pay the care portion of the monthly bill. For example, if the assisted living costs $3,200 a month, Medicaid will pay $1,200 for care, and you pay $2,000 for rent for the apartment and food for the month.
  • Medicaid Pays the entire nursing home bill after your personal monthly income copay. Your share of cost in a nursing home is never more than your personal monthly income.I f you are married, your spouse may be entitled to keep a portion of your income for his or her own living expenses, lowering your care costs even more.
As America's population ages, demand for elder law attorneys grows
Credit: ABA Journal

There are many variables that go into one’s qualification for Medicaid, which is why an elder law attorneys is so crucial throughout the process. One wants a lawyer who can handle their particular legal situation and has expertise in the area of law relating to one’s legal needs. While all lawyers are allowed to advertise, only certified attorneys are allowed to identify themselves as “Bar Board Certified” or as a “specialist”. Certification is the highest level of recognition by the state Bar of the competency and experience of attorneys in the areas of law approved for certification by the state Supreme Court.

 

Certified Elder Law attorneys deal with legal issues involving health and personal care planning, including: advance directives, lifetime planning, family issues, fiduciary representation, capacity, guardianship, power of attorney, financial planning, public benefits and insurance, resident rights in long-term care facilities, housing opportunities and financing, employment and retirement matters, income, estate and gift tax
matters, estate planning, probate, nursing home claims, age or disability discrimination, and
grandparent’s rights.

To be certified, the lawyer was required to have substantial involvement in all aspects of planning for aging, illness, and incapacity in the five years preceding certification. Each certified lawyer has passed peer review, completed 60 hours of continuing legal education within the three years immediately preceding application, and has passed a written
examination demonstrating knowledge, skills, and proficiency in the field of elder law to justify the representation of special competence.

When scheduling a board-certified elder law attorney, clients can rest easy knowing they are working with a professional who not only knows what they are doing, but cares about their clients’ well-being. To those going through such a hard time, this is a relief.

How Attorneys are Adapting to the Coronavirus Crisis

The coronavirus, or COVID-19, is a highly contagious virus that is currently causing substantial problems for professionals across every industry in every corner of the world. In order to keep everyone safe, local and federal governments are taking initiative and urging the public to stay at home. This is the best way that individuals can keep themselves, and their loved ones, safe from the deadly virus. As long as the general public only leaves their home when absolutely necessary, we can curb the spread and return to our lives as soon as possible.

This causes problems for certain professionals. Retail stores are forced to close for the safety of the public and employees alike. Restaurants are opting to have take-out only, vastly cutting down their staff. Teachers have to give class online. The companies that have chosen to work remotely are navigating how to accomplish that. The same goes for legal professionals. Court reporters are opting to turn to remote depositions, allowing attorneys and their clients to proceed with their case from the comfort of their home.

Credit: Click2Houston

Attorneys understand that just because a health crisis is occurring, that doesn’t mean that people won’t need legal representation. In fact, it is possible that they may need an attorney now more than ever. Professionals like elder law attorney Mark Shalloway in West Palm Beach gladly offer their clients consultations via phone-call or video. As long as a client has internet or cell service, these consultations can occur with the same efficiency as an in-person meeting.

“Now more than ever, it is important to have your legal and financial obligations secure and under control,” Mark Shalloway says.

Best Cell-Phone Plans for Seniors - Consumer Reports
Credit: Consumer Reports

The fields surrounding elder and special needs law are especially important in this time. Shalloway urges his clients to get all important documents in order. This could mean Medicaid planning, asset protection trusts, health care proxy, last will and testament, and so much more. For those who are concerned that they (or their family members) do not have all of these aspects in order, the staff at Shalloway & Shalloway are just a phone call away. No matter what, Shalloway’s staff has always been there for their clients. Now, more than ever, Shalloway’s attorneys desire to be there for the people who need them.

Many are concerned that even if they get these documents together with their attorney, it is not official because it cannot be notarized. In some states, including Florida, this problem is solved. By contacting an attorney through phone call or email, clients can have their important documents notarized through audio-video technology. Times are difficult, but thankfully we live in an age where we have the resources to overcome roadblocks our parents may not have been able to overcome in the past.

Credit: Realtor

For those who feel unprepared and may not be ready to schedule an appointment with an elder law attorney, the staff at Shalloway & Shyalloway offers virtual seminars and podcasts. These informative listenings are designed to not only educate clients and the community, but to divert attention to another topic for a while. Stream these seminars on shalloway.com.

Throughout all the uncertainties we face today, it is crucial to keep an open mind and open heart. Check in on your neighbors, especially the elderly and those with special needs, to make sure they are all right and have supplies and food that they need, but may be unable to get. Know that, if we all work together (but separately) this can and will be over soon. Keep a close eye on the updates given by the Centers for Disease Control and the World Health Organization. Incorporate this advice into your daily life, stay healthy, stay safe, and stay optimistic.

For more information, call (561) 686-6200 or fill out this contact form.

1400 Centrepark Blvd., Suite #600, West Palm Beach, FL 33401

Mark Shalloway’s Dedication and Passion for His Work

Credit: NY Lawyers Guide

For some, 30 years of work at a particular job—or even in a particular field—is an unimaginable feat. How could someone work the same job day in and day out, and still be passionate about their work? For West Palm Beach elder law attorney, Mark Shalloway, it’s easy: passion.

From a young age, Mark Shalloway was fascinated by the world of law. Through watching his father practice, he discovered how the work of attorneys can help through such a diverse number of fields. He always knew he wanted to be social engaged. While continuing his education, a group of panelists came to one of his classes in search of people who were willing to serve as advocates for elder communities.

It was there he realized just how unfairly priced care at these facilities often are. He noticed how the middle class struggled to keep up with the expenses many homes charge, and knew that wasn’t right.

“Elder care lawyers look into these problems to find ways to benefit others,” Mark Shalloway says. “That is the heart and soul of elder law.”

Credit: Care

When Shalloway decided he found his calling, the field of elder law was still growing. It started with a focus on wills and trusts, but as time went on, shifted in include incapacitation, guardianship, and Medicaid. Shalloway served in the charter class of board certified elder law attorneys by the Florida Bar, and has continued to be a trailblazer ever since.

Shalloway has served as member, chairman, and president of a number of organizations dedicated to protecting and serving the elder community. Locally, Mark Shalloway is the founding chairperson of the Palm Beach County Bar Association Elder Law Committee. On a state level, he served as president of the Academy of Florida Elder Law Attorneys. Nationally, Shalloway served as president of the National Academy of Elder Law Attorneys (NAELA). These are just three of his many achievements.

Credit: Yes to Home Care

But title isn’t everything. What keeps a man fighting for the rights of others is a dedication to his work. Shalloway and his staff of outstanding elder law attorneys each wish to see the elder community receive the respect and care the deserve. No matter how big or small a case, that staff at Shalloway & Shalloway will do everything in their power to ensure their clients’ needs are met, because at the end of the day, it is client satisfaction that is most important to these professionals.

For more information about Mark Shalloway and his firm, call (561) 686-6200 or visit the Shalloway & Shalloway office.

1400 Centrepark Blvd, Suite #600, West Palm Beach, FL 33401

Mark Shalloway and His Passion for Educating the People

Credit: Cordell Planning Partners 

In West Palm Beach, there is one attorney clients know to turn to for all their estate planning, guardianship, and elder care needs. For nearly 30 years, Mark Shalloway has been the face of elder law. His passion, respect, and dedication to his work sets him apart from peers. Where many attorneys simply look to numbers for a measure of success, Mark Shalloway and his staff at his firm, Shalloway & Shalloway, look to their clients’ results.

Shalloway and his staff have been referred to as “lifesavers” with the ability to turn a situation from “desperate to hopeful.” The patient staff will see through every single case, no matter how big or small, to the end. In the golden hour of one’s life, one should not have to worry if their retirement and family can be sustained. Shalloway’s elder law attorneys makes turns the worry from a burden into an easy to swallow pill.

Credit: Sami Stoloff

It really makes a difference when clients can tell their attorney wants the best for them,” Brandon Bell, a legal consultant in Illinois, says. “In such a trying time in one’s life, it is crucial they feel supported. Mark Shalloway and his staff provide clients with that support they crave, as well as the results they need.”

But Mark Shalloway does more to help than providing legal solace—he goes out into the world to make a difference. Save serving as the President of the Academy of Florida Elder Law Attorneys, president of the National Academy of Elder Law Attorneys (NAELA), and other positions of leadership within the elder law community, Shalloway has made it his mission to educate others on his area of practice. He gives free, monthly seminars on estate planning. He works as an Adjunct Faculty member at Palm Beach Community College and a frequent lecturer at Stetson College of Law—namely on special needs trusts.

Shalloway, elder law attorneys, and members of JAG Corps.

This past December, Mr. Shalloway did just that. On behalf of Stetson College, Shalloway traveled to Fort Stewart in Savannah, Georgia to deliver a talk on the wide array of information concerning elder law—from wills and trusts, to insurance, and everything in between. Alongside him was Professor Rebecca Morgan, a head professor at Stetson, and a number of elder law attorneys from across the nation.

These figureheads in elder law delivered a talk on elder and special needs law to the JAG corps stationed there. Along with the informative session on medicare and more, Shalloway and his cohorts presented a Certificate of Appreciation to John Webster—a staff judge advocate at the third infantry division and Fort Stewart.

Shalloway and John Webster

A major part of my mission as an elder and special needs care attorney is educating the public on their options on everything from health insurance to tax liabilities,” Mark Shalloway says. “My firm is deeply committed to philanthropy within our community and to helping the families of military personnel plan for their lives once their careers reach a culmination.”

Mark Shalloway doesn’t have to continuously go the extra miles he travels to help others, but he does. It is an aspect of his work Shalloway has deemed important, because he cares about more than making a paycheck—he truly cares about the lives of others, clients or not. It is a formidable trait to carry, especially when it comes to elder law.

For more information on Mark Shalloway and his firm, call (561) 686-6200, fill out their contact form, or visit their offices.

1400 Centrepark Blvd, Suite #600, West Palm Beach, FL 33401

How Law Firms are Using Social Media to Reach Their Clients

Nowadays, it seems there isn’t a person in the world that doesn’t have at least one social media account. With so many options from Facebook, to Twitter, to Reddit, or Tumblr, it almost seems like we can’t avoid it—and many of us don’t. The little computers in our pockets keep us updated on our friends, family, favorite celebrities, local events of interest, and so much more.

Using the Web to Your Advantage

In this day and age, the biggest mistake a law firm can make is veering away from the bandwagon and not establishing an online presence. Instead of picking up the phone and calling the business to learn more, many instead opt to a quick Google search. If a firm doesn’t at the very least have a well-designed, easy to use website, potential clients turn the other way. It doesn’t matter how brilliant the staff is or how long the firm has been open. Clients don’t want to search for proof of excellence, they want it immediately.

When West Palm Beach elder law attorney, Mark Shalloway, not only understands this concept, but fully embraces it. With just a few clicks of a button, potential clients can not only find Shalloway and reviews of his firm, Shalloway & Shalloway, but an easy to access website that presents clients with information on the firm, its staff, its reputation, and any updates in the area of practice that is elder law. The website presents information in a concise manner that is incredibly valuable to the busy professional of the 21-century.

But hosting a great website is only half the battle. It is essential for firms to be pushing their names into the public. Many turn to radio or television commercials, and that is just fine, but there is a great alternative that saves time, money, and is used by billions of people every day—and that is social media.

How to Make the Most Out of Social Media

The Shalloway & Shalloway firm run a successful Facebook page. With a large number of followers, the attorneys at Shalloway & Shalloway can easily connect to potential clients. Running a social media allows them to share updates as they come. Recently, the firm moved locations. Because of their Facebook page, they were able to keep clients posted on the process, the location, and anything else involving the move.

Having one (or multiple) social media accounts allows the faceless attorneys of the firm to become humanized.

Credit: Saber’s Law Firm

“There is intimidation and fear with booking with lawyer,” Mark Shalloway says. “If referred by someone else, that is a helpful resource, but if they need an elder law attorney, there is a lot of worry and fear.”

A vast majority of people have skewed images of lawyers, but having a presence on social media has allowed the staff at Shalloway & Shalloway paint themselves in the light they want to be painted, thus fostering better client relationships.

Social media is not only great for public image, but for generating business. When you follow a page, its posts appear on your timeline, keeping the company in your radar. By having a readily used social media, clients will remember the firm, and come back to whenever the need arises. With their Facebook page alone, Shalloway & Shalloway has seen an increase in business, and other firms should certainly take heed.

For more information on the firm, visit their website, their Facebook page, or their offices.

1400 Centrepark Blvd, Suite #600, West Palm Beach, FL 33401

 

How Mark Shalloway is Transforming Elder Care Law

Mark Shalloway, President of Shalloway & Shalloway, P.A., is forging the way in South Florida when it comes to elder care law. Offering a variety of services to seniors and their families, Mark Shalloway and his firm are helping people understand their financial options when it comes to estate and financial planning later on in life.

In a recent article by The Sophia News, Shalloway said over 71% of Americans have not planned for their long-term care after retirement.

G. Mark Shalloway

A major part of my mission as an elder and special needs care attorney is educating the public on their options on everything from health insurance to tax liabilities. My firm is deeply committed to philanthropy within our community and to helping the families of military personnel plan for their lives once their careers reach a culmination.”

Many times, families come forward with questions on how to provide long-term care for their elderly parents or spouses. When these family members fall ill or are subject to an injury from which it’s difficult for them to recovery, it can add to an already stressful question of, “What next?” Shalloway’s firm is sensitive to this dilemma.

Mark Shalloway’s goal is to help families through these stressful times. He and his firm can help determine if you need long-term care, medicaid, and even veterans benefits. If you have an existing trust, they will help you manage it and make the best decisions for the future of your family.

They also assist with families who are planning ahead for the future. From life and healthcare planning to estate planning, Mark Shalloway is able to help you decide what will work best for your parents or spouse.

Shalloway & Shalloway Are Changing the Industry of Elder Care Law One Client At a Time

Palm Beach elder care attorneys Shalloway & Shalloway are changing the way law firms advocate for their clients in a number of ways ranging from educational and philanthropic programs to providing new publications online.

G. Mark Shalloway

Proprietor and lead attorney Mark Shalloway is among the most active within the legal community of Palm Beach County. With his involvement in free seminars and classes he demonstrates a commitment to helping others, whether they are Judge Advocate Generals in the United States Military or the families who care for their elderly in West Palm Beach.

Noted Elder Care Attorneys in the Palm Beaches

The Shalloway firm’s website provides free publications and notices of area events and legal news that is geared towards informing both attorneys and lay persons. One recent example is a press release highlighting Alzheimer’s Disease awareness. Titled “PALM BEACH COUNTY PROCLAMATION DECLARING NOVEMBER PUBLIC AWARENESS MONTH TO ALZHEIMER’S COMMUNITY CARE” the press release includes information on Alzheimer’s Community Care, a non-profit that is celebrating 20 years in Palm Beach County. 

Special Needs Advisory Coalition Summit and JAG Seminar

Other philanthropic endeavors include a recent two-day seminar on estate planning for the Judge Advocate Generals at Fort Stewart. The Shalloway team is also noted for their community involvement with free educational seminars that inform the public on new laws and tax issues relating to everything from health and life insurance to estate taxes.

Mr. Shalloway’s recent presentation at the Special Needs Advisory Coalition Summit in West Palm Beach is but one more example of his commitment to giving to his community.

Many law firms and attorneys offer free advice, publications and other resources as part of their mission. This tradition of giving also helps a firm or a laywer expand his/her client base in a very powerful way. What separates the Shalloway and Shalloway team from most firms however is the range and expertise behind their advocacy and philanthropy.

The result is both a community and populace more educated on the critical issues of elder and special needs care.

 

Elder Care Attorney Mark Shalloway Leading the Way on Pro Bono Service

The importance of pro bono services for attorneys, particularly smaller law firms and single practice professionals, cannot be over-stated. There is both a personal reward of gratification and a communal sense of accomplishment and philanthropy in giving one’s services to those less fortunate.

Mark Shalloway, an elder care and wills & trusts attorney in West Palm Beach, Florida is one strong example of leading the way in pro bono services with his free community seminars. The classes are informational sessions to help men and women from all walks of life learn more about the intricacies of caring for the elderly,  insurance requirements, estate planning, caring for special needs loved ones and many other topics.

The seminars are free and open to the public and have been very warmly-received by the area legal community. The sessions are usually held at various community centers and include question/answer sessions with the Firm’s President, G. Mark Shalloway.

With the skyrocketing costs of senior care and the very real world concerns of legal and insurance requirements, children and parents both benefit from these endeavors by the firm.

Interestingly enough, as a result of the Shalloway & Shalloway project, the firm’s free seminars have also attained media coverage, a bit of windfall in the process of helping one’s community.

The firm’s seminar page is a great way to start learning about their pro bono work. It serves as a good example of utilizing the web to improve one’s web presence in the process.