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 |
Estate planners build the boat, elder law attorneys keep it from sinking when healthcare storms hit.
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.
1. 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.
Example 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.
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).
Case 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
Rare—only 12% of attorneys hold both CELA and estate planning certifications.
Typically, estate planners, unless there are incapacity issues (then elder law).
Elder law (due to complexity), but saves 10x more in crises.
Locate elder law and estate experts, coordinate consultations, and ensure seamless professional collaboration.
Search Our Elder Law Directory (For Medicaid/guardianship needs)
1
Browse Estate Planners (For inheritance/tax planning)
2
Schedule Consultations (Ask: "Have you worked with [other professional] before?")
3
Pro tip
Bring this checklist to consultations to assess their expertise
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