Elder Law Attorney vs. Estate Planner: Which One Do You Need?
Factor | Elder Law Attorney | Estate Planner |
|---|---|---|
Primary Focus | Protecting assets while qualifying for government benefits | Passing wealth to heirs tax-efficiently |
Typical Clients | Seniors needing long-term care (60+) | Healthy adults planning inheritance (40+) |
Core Expertise | Medicaid rules, guardianship, and elder abuse | Wills, trusts, and tax minimization |
Urgency Level | Often crisis-driven (dementia diagnosis, nursing home imminent) | Proactive planning |
Average Cost | $3,000-$7,000 (flat fee common) | $1,500-$5,000 |
"Estate planners build the boat, elder law attorneys keep it from sinking when healthcare storms hit."
— Sarah K., Certified Elder Law Attorney
1. Medicaid/Long-Term Care Planning
- Why: Avoid spending $100,000+/year on nursing homes
- What They Do: Create asset protection trusts (5-year look-back period strategies)
2. Guardianship or Conservatorship
- Why: When dementia patients refuse needed care
- What They Do: File court petitions and represent families in hearings
3. VA Benefits Appeals
- Why: Secure Aid & Attendance pensions ($2,500+/month for veterans)
- What They Do: Navigate VA's complex evidence requirements
Red Flag: If an estate planner says, "I handle Medicaid planning too," verify their NAELA certification.
When an Estate Planner is Sufficient1. Basic Will & Trust Creation
- Best For: Healthy adults under 70 with straightforward assets
2. Minimizing Estate Taxes
- Threshold: Only needed for estates over $13M (federal exemption)
3. Business Succession Planning
- Key Tool: FLPs (Family Limited Partnerships) to transfer ownership
Exception: If the planner has both elder law certification (CEP) and estate planning credentials.
How They Work TogetherExample Case:
A 75-year-old with $1M assets and early Alzheimer's needs:
- Estate Planner: Creates an irrevocable trust to minimize taxes
- Elder Law Attorney: Restructures trust to comply with Medicaid asset limits
"We jointly reviewed 32 documents to ensure my mother's trust wouldn't disqualify her from Medicaid later."
— Client testimonial from collaborative case
Service | Elder Law Attorney | Estate Planner |
|---|---|---|
Initial Consultation | Often free | Often free |
Will Package | $1,200-$2,500 | $800-$2,000 |
Medicaid Application | $3,000-$7,000 | N/A |
Trust Restructuring | $2,500-$5,000 | $1,500-$3,000 |
Note: Approximately 78% of elder law work is flat-fee, whereas estate planners often charge by the hour ($200-$400).
3 Real-Life ScenariosCase 1: The Overlapping Need
Situation: 68-year-old with Parkinson's and $2M estate
Solution:
- An elder law attorney set up a Medicaid-compliant annuity
- Estate planner created a dynasty trust for grandchildren
Case 2: Pure Estate Planning
Situation: Healthy 50-year-old updating will
Professional Used: Estate planner only
Case 3: Crisis Elder Law
Situation: Stroke victim denied Medicaid
Result: Attorney appealed and saved $300k in nursing home costs
Ask yourself:
- *Is long-term care likely within 5 years?* → Elder Law
- Are there dementia concerns? → Elder Law
- Do you just need to update your wills/trusts? → Estate Planning
Worried about probate costs? → Both
Frequently Asked QuestionsQ: Can one professional do both?
A: Rare—only 12% of attorneys hold both CELA and estate planning certifications.
Q: Who handles probate?
A: Typically, estate planners, unless there are incapacity issues (then elder law).
Q: Which is more expensive?
A: Elder law (due to complexity), but saves 10x more in crises.
Next Steps: Finding the Right Help- [Search Our Elder Law Directory] (For Medicaid/guardianship needs)
- [Browse Estate Planners] (For inheritance/tax planning)
- Schedule Consultations (Ask: "Have you worked with [other professional] before?")
Pro Tip: Bring this checklist to consultations to assess their expertise.
