Estate Planning and Elder Law

There is a difference between Estate Planning and Elder Law. There is also similarity between the two areas of practice. So you could be asking yourself if you should go see an Estate Planning Attorney or an Elder Law Attorney. Let me point out a couple of the key differences and similarities.

Estate Planning: Focuses primarily on determining how assets will be taken care of at death, tax avoidance, and probate avoidance. The key is that the planning typically is triggered upon death. There are aspects of end of life planning as an Estate Planning Attorney can prepare a medical directive or power of attorney as well. An Estate Planning Attorney will also focus on asset protection during this life.

Elder Law: Focuses on end of life living. This means that an Elder Law Attorney provides services that allow an individual to plan for what happens to them and their stuff during this life. There is no trigger upon the death of the individual. An Elder Law Attorney can help with planning for health-care, incapacity, and estate planning. An Elder Law Attorney can help with Medicaid and Medicare applications and issues. The focus in Elder Law is on the quality of the end of your life.

In short, while there are similarities, Elder Law and Estate Planning have different purposes. Select your attorney based on what you want your purpose to be.

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