What is the Difference between Elder Law & Estate Planning Attorneys?
I have to be honest, before I started working specifically with seniors, in my real estate and move management business, I used the term Elder Law and Estate Planning Attorneys interchangeably. Did you know there is a difference? If you are like most of us, we don’t investigate something until we need to know. You may be asking why this Realtor® and move manager would need to know the differences. My goal is to be able to help educate and empower seniors, Direct them to partners and other experts in the area they may have questions about, whether it has to do with real estate or any other senior issue. I am not an attorney, nor do I play one on tv. The information I provide is not legal advice, but a guide to help navigate through a world that most of us do not have to deal with on a daily or ongoing basis.
In this article you will learn:
The differences and similarities between Estate Planning and Elder Law Attorneys
Some attorneys specialize in both estate planning and elder law
Questions to ask
Estate planning and elder law attorneys are similar in focusing on legal issues that concern individuals as they grow older and plan for the future. However, they are not the same thing. Elder and estate planning attorneys can provide valuable guidance to clients as they prepare for the future and protect their assets. Choosing an attorney with the expertise and experience to meet your specific needs is important.
Elder Law Attorney
An elder law attorney is a type of lawyer who specializes in legal issues that affect older adults. This can include topics related to
Healthcare, financial planning, and long-term care.
Help clients with issues such as Medicaid planning
Guardianships, conservatorships, and
Preparing advance directives (such as a living will or durable power of attorney).
They may also assist with issues related to age discrimination and elder abuse.
Elder law attorneys may assist with issues related to disabilities, including preparing advance directives and representing clients in disability-related legal matters.
They may also hold additional certifications or credentials, such as being certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation or a National Academy of Elder Law Attorneys (NAELA) member. To be certified as an Elder Law Attorney (CELA), an attorney must meet specific criteria, including having at least five years of experience practicing elder law, completing at least 45 hours of continuing legal education in elder law topics, and passing a written examination. Membership in the National Academy of Elder Law Attorneys (NAELA) requires an attorney to have at least two years of experience practicing in the area of elder law, to demonstrate a commitment to the practice of elder law, and to meet other requirements.
Estate Planning Attorney
Estate planning attorneys, on the other hand, focus on helping clients plan for the distribution of their assets after they pass away. This may involve
Creating a will or trust
Designating beneficiaries for financial accounts and insurance policies
Making arrangements for the care of minor children.
It may also help clients plan for incapacity by preparing durable powers of attorney and advance healthcare directives.
Tax planning
Asset protection
Long-term care planning.
Questions to ask yourself
What do I need to accomplish with the attorney I choose?
Do I need a specialist for what I want to accomplish?
In summary, estate planning attorneys focus on helping individuals plan for the disposition of their assets after they die. In contrast, elder law attorneys focus on legal issues that affect older individuals, including issues related to long-term care and aging.
Elder law and estate planning are specialized areas of law, and not all attorneys practice in these areas. Some attorneys may focus their practice on one or both of these areas, while others may have a more general rule that includes a range of legal issues.
Elder law attorneys specialize in legal issues that affect older adults, such as long-term care planning, Medicaid planning, and guardianship. Estate planning attorneys help clients plan for transferring their assets after death through tools such as wills, trusts, and powers of attorney.
Some attorneys do practice both Elder and Estate planning law. Most legal issues are based on the state the person lives in. Laws vary from state to state. Always check with an attorney in your state.
It's important to note that even if an attorney does not specialize in elder law or estate planning, they may still be able to assist with these issues. Many attorneys have a broad range of legal knowledge and can advise clients on various legal matters. If you need help with elder law or estate planning, it's a good idea to speak with an attorney to discuss your options and find the right fit for your needs. So what questions should I ask?
Click here to see what questions to ask.