What Is an Elder Law Attorney — and Why the Difference Matters More Than You Think

Most people assume that all estate planning attorneys do the same thing. Wills, trusts, powers of attorney and possibly some tax planning — check the box and move on.

But here’s the truth: not all estate planning attorneys are elder law attorneys, and confusing the two can be a costly mistake for you and your family.

Understanding the difference can mean the difference between preserving assets and losing them, between planning ahead and crisis management.

What Does an Estate Planning Attorney Do?

An estate planning attorney focuses on what happens after you pass away and sometimes during incapacity. Their work typically includes wills, trusts, powers of attorney, healthcare directives, probate avoidance strategies, and asset distribution planning (and sometimes tax planning). 

This type of planning is essential — but it’s only one piece of the puzzle, especially as you age or face health concerns.

What Is an Elder Law Attorney?

An elder law attorney is an estate planning attorney who goes beyond traditional estate planning. Elder law focuses on the legal, financial, and healthcare issues that arise during aging and long-term care — while you are still alive.

Elder law attorneys answer questions like:

• How do I pay for long-term care without losing everything?

• Can I qualify for Medicaid and still protect my home?

• What happens if my spouse needs nursing home care?

• How do I plan for my child who has special needs?

 The biggest difference between the two is timing and focus.

Estate Planning Attorney vs. Elder Law Attorney

Estate Planning focuses on death and inheritance, asset distribution, probate avoidance, and tax planning. Elder law focuses on aging, care during life, asset preservation, and public benefits planning.

Why the Difference Matters

Most people don’t learn about elder law until they are already in crisis - “We already have a will — we thought we were covered.” By then, families often realize that having documents without strategy can lead to unnecessary financial loss and stress.

 The Bottom Line: Estate planning is about legacy. Elder law is about protection. Having an attorney who understands both is essential.