Frederick L. Fowler maintains an office where he specializes in the practice of Elder Law (outside of Troy, New York) but his clients come from Albany, Saratoga, Schenectady, Warren and Washington Counties. His practice emphasizes all matters relating to the problems of Senior Citizens. Proper estate planning and the use of living trusts, durable powers of attorney and health care proxies can be of invaluable assistance in making the later years of one's life as comfortable and joyful as they should be.
With a low key and easy going approach, Fred Fowler quickly gains the trust and confidence of elderly individuals. His plain language approach to the complex issues of estate planning, medicaid qualification and other such issues bring about an understanding on the part of the client that is essential to a good working relationship.
Mr. Fowler believes that the provision of quality legal services for the elderly requires personal attention by the attorney. "Too often in other firms a client is immediately passed off to a paralegal. That does not happen with my firm." says Fowler.
He also offers "in home conferences" when appropriate and has adopted a fee schedule that is much fairer to seniors than other local firms.
"I initially became interested in the issues of Elder Law as a result of the problems faced by my own father who was debilitated by Parkinson's disease." says Fred Fowler. "The emotional, financial and practical problems associated with nursing home care became very real and personal to me. I felt that the elderly population was not being well served by the legal community. Today I am attempting to fill that need." Fred Fowler was raised and educated in Niskayuna, received a Bachelor of Arts from Brown University and a Juris Doctor from Albany Law School. He has been in the private practice of law for over 20 years. Since 1988, he has increased his emphasis on estate planning, medicaid planning and other issues involving the elderly, such that today he is highly regarded in this speciality. Mr. Fowler is a member of the National Academy of Elder Law Attorneys, the Rensselaer County Bar Association, New York State Bar Association Elder Law Section and Trusts and Estates Section. He resides in the Town of Brunswick with his wife, Janet and three daughters.
Estate Planning
A good Estate Plan will consist of a variety of documents including durable powers of attorney, health care proxies, Last Will and Testament and a Living Trust if appropriate. Very often simple wills and joint ownership of assets do not accomplish all objectives and may in fact do a disservice to you.
| | | The objectives of a good estate plan are: |
| | · | Distribution of your assets to your loved |
| | | ones after your death with the least amount |
| | | of complication and time. |
| | · | Minimizing the cost of this process, includ |
| | | ing attorney's fees and court costs. |
| | | Minimizing Federal and State Estate Tax |
| | | liability. |
| | · | Providing for the continuation of your finan |
| | | cial affairs in the event of a disability. |
| | · | Providing for the implementation of your |
| | | health care decisions in the event of a dis |
| | | ability. |
| | · | Providing for the payment of Nursing Home |
| | | care, if necessary. |
Frederick L. Fowler takes a balanced approach to Estate Planning employing methods and plans that achieve the desired results with the least complication. "Many firms will immediately push the use of Living Trusts for all people causing expense and complication that may be unnecessary. You have seen them advertised in the paper and on the radio. While very often a living trust is appropriate, it is not advisable or neccessary for all people." says Fowler. The circumstances of each individual including family situations, asset levels, income, health and retirement plans must be analyzed to determine the best way of proceeding. Fowler customizes each Estate Plan to fulfill the needs of the client.
What is Elder Law?
The legal needs of the elderly are many and diverse: - Age Description
- Durable Powers of Attorney
- Elder Abuse, Neglect and Exploitation
- Estate Planning and robate
- Financing Long-Term Care
- Guardianship and Consercatorship
- Health Care Quality Issues
- Independant Living Options
- Medicare, Medicaid, ad Social Security
- Trusts
Rather than being defined by technical legal distinctions, elder law is defined by the client to be served. Elder Law attorneys focus on the legal needs of the elderly, and utilize a variety of legal tools and techniques with care and compassion to meet the goals and objectives of the older client. The approach and demeanor of such an attorney must also encourage trust and confidence on the part of senior citizens and their families. Under this holistic approach, the elder law practitioner handles estate planning issues and counsels clients about planning for incapacity with alternative decision making documents. The attorney would also assist the client in planning for possible long-term care needs, including nursing home care. Locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the client's right to quality care are all part of the elder law practice.
Medicaid Planning
Most of us do not like to think about needing nursing home care, but the fact is that nearly half of us will require some long term care during our life times. Currently the costs of such care can be as much as $8,OOO per month, a staggering amount. In New York there are two ways to pay for such care:
Private Payment: It is clear that for all but the most wealthy of us, our life savings would be depleted in a very short period of time.
Medicaid Payment: For those who qualify the cost of long term care will be paid by the Medicaid Program.
This program is funded through the Federal, State and Local Governments.
The rules of eligibility are very complex and intricate. Those with any
assets whatsoever should never make a Medicaid application without consulting
an Elder Law specialist first. The results can be catastrophic.
It is almost always possible to preserve a substantial portion of one's
assets, even if he or she is already in a nursing home. As with all planning,
the earlier a plan is undertaken the greater, the benefit. The use of
a trust enables one to use or receive the income from investments or residential
property, and to maintain a great deal of control over these assets, while
sheltering them from nursing home costs. Other issues such as Estate and
Gift Tax and Capital Gains Tax on appreciated assets must also be considered
when doing Medicaid Planning.
The stakes are high and a thorough knowledge of the Law and rules of the
local department of Social Services is essential. Frederick L. Fowler,
Elder Law Attorney offers free initial consultations and evaluations.
