Do I need an estate planning or an elder law attorney?

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estate planning attorney

Estate planning is such a misnomer.

First of all, people mistakenly think estate planning is only for the rich. For example, you must have an ‘estate’ first to worry about planning for it.

Secondly, it has less to do with your ‘estate’ and more to do with protecting your family. If you are incapacitated or die, who will care for your loved ones?

It really should be called “family planning” because attorneys help you care for your family for when you are not there. Although “family planning” means something else entirely!

As if estate planning isn’t confusing enough – now when you look for a lawyer, you see many different titles: estate planning or elder law attorney. Even probate lawyer. Which is better for you? Do you need an estate planning or elder law attorney or a probate lawyer?

Estate Planning Attorney

Estate planning attorneys draft documents to handle issues if you are incapacitated and can’t manage your own affairs. They also draft documents that come into effect when you die. Attorneys help you plan for future life events, reduce your taxable estate, and set up guardianships for your young children. For example, such documents are:

Estate planning attorneys also help with distributing your assets to your loved ones. When there is a death in the family, they help with probate matters and administration.

Elder Law Attorney

The main difference between an estate planning and elder law attorney is that an elder law attorney handles Medicaid planning. Medicaid planning is a highly specialized practice where senior citizens with few assets may qualify for Medicaid benefits. Because there are many tax implications and regulations, you should seek advice from an elder law attorney regarding Medicaid planning.

Elder law attorneys also handle legal issues particular to senior citizens. For example, fraud, abuse, and guardianship cases. For example, if a parent is unable to manage their affairs but they never named a financial power of attorney or healthcare power of attorney, you may have to petition a court for guardianship over that parent. The elder law attorney handles the guardianship cases with the court.

Some elder law attorneys may do all of the document drafting and probate administration similar to estate planning attorneys. But if you are looking to preserve assets for long term care or considering moving into a nursing home, you may want to consult an elder law attorney.

Probate Attorney

Some estate planning attorneys and elder law attorneys handle probate matters. However, some attorneys only specialize in probate administration. Probate is when a will is registered with the court. The executor or personal representative represents the estate. A probate attorney helps the personal representative with their duties of notifying creditors, beneficiaries and administration of the estate.

Regardless of their title, these attorneys all work to help you and your family. Now that you know the difference, do you need help in finding the right attorney? Read our post, how to choose an estate planning attorney.

Need more tips to help your family? Get the #1 Amazon Bestseller in new releases for Wills/Estates Estate Planning for the Sandwich Generation: How to Help Your Parents and Protect Your Kids today.