Tag: Elder Law Attorney

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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.

Utilizing the Web for Education on Legal Matters

Months ago, when people needed legal advice, the answer was simple. Look up an attorney who practices whatever legal needs one might have, and stop by their office for a consultation. Some attorneys, like Mark Shalloway of Shalloway & Shalloway in West Palm Beach, go a step further and offer free legal seminars to his community monthly. This allows anyone in Palm Beach County to learn about applying for Medicaid, asset protection, avoiding the cost of probate, and many more topics that are covered under the wide umbrella that is elder law.

Are virtual meetings a waste of time? | Engagement & Performance ...
Credit: HR Grapevine

However, given our current public health crisis, holding seminars in person that are designed to facilitate large groups of people is not exactly feasible. Large gatherings are to be cancelled or postponed until a later date, which unfortunately cuts off these learning opportunities for potential clients who want this valuable, free resource before scheduling a consultation with an attorney.

8 Steps to Webinar Success
Credit: Entrepreneur

But some law firms fight to perpetuate the spread of knowledge. The staff at Shalloway & Shalloway still offer these seminars, but virtually. These seminars still take place monthly on three different days to accommodate the most people possible, but instead of being packed in a conference or meeting room, the “audience” can now attend via video or call. All an attendee has to do is reserve their free spot by calling (888) 366-0062. The next set of virtual seminars, or webinars, are May 12th, May 13th, and May 14th from two in the afternoon to four in the afternoon. Now, present and future clients can learn about all things elder law from the comfort and safety of their home. 

Even legal conferences are still occurring in a webinar format. The annual Fundamentals of Special Needs Trusts Administration Event, an event hosted by Stetson University, took place virtually on April 24. Speakers at this event— including the likes of Attorney Robert Fleming, Chief Fiduciary Officer Gentry Byrnes, and Mark Shalloway— discussed administrative issues trustees, attorneys, financial planners and others involved in Special Needs Trust administration regularly face. It was a fantastic resource for attendees who wanted to learn more about the SECURE Act, examining the use of SNT, and much more. In this virtual setting, everyone was able to stay safe.

Credit: Sami Stoloff

The internet and the technology legal professionals have at their disposal allows them to keep in contact with their current and future clients while keeping everyone safe. Not only can clients learn more about elder law and the surrounding areas of practice, but once they know they need an elder law attorney, they can contact the firm. Remote consultations via video of phone call get clients the same legal help they need from the attorneys they trust.

For more information on Mark Shalloway and his firm, 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