What’s the Difference Between a California Elder Law Attorney and Estate Planning Lawyer?

 Not only do the public and my clients frequently ask me this question, but also sometimes other attorneys, even estate planning attorneys, ask me this question! So why all the confusion? Well, for starters, both terms, “elder law” and “estate planning” are misnomers to a certain degree. After all, estate planning attorneys are not advising people on how to become, or stay, rich. Similarly, elder law attorneys usually don’t focus their practice on elder abuse. But, both types of attorneys, do help “elders.” Plus, even though the two areas of law are separate and distinct, there is a lot of overlap between elder law and estate planning. It is perhaps analogous to how the services and knowledge of a doctor and a dentist can be intertwined.
Scratching your head? If yes, you are not alone! I find the best way to clarify differences between these two fields of law is with other questions: That is, estate planning mostly revolves around the questions of, “What happens when I die or become incapacitated?” In addition to those questions, which is really just the last sliver of issues seniors generally face, elder law attorneys help their clients address the question: What happens if I live? And live and live…? In other words, elder care law concentrates on the best way for seniors to plan for their future health, housing, financial, and legal needs, over a long timeframe – which theoretically could last for 30 years plus! Probably what distinguishes dedicated elder law attorneys most from estate planners, is that we must be experts on public benefits, such as social security, supplemental security income, Medicare, Medicaid (Medi-Cal in California), and Veterans Pension Benefits. With this knowledge, we often create asset protection trusts, so that seniors can live in the manner they want to, not in the manner they are forced to live in, because they’ve run out of resources. Indeed, some of the more common concerns my senior clients voice, are (i) Will I outlive my money? (ii) Will I become a burden on my family? and (iii) Who will help me as I age?
To make the services of each more clear, you should know that the favorite tool of elder law attorneys are asset protection trusts (and documents ancillary thereto), while estate planning lawyers mostly utilize Wills, Living Trusts, Financial Powers of Attorney, and Health Care Directives. The latter set of documents help families plan ahead for when a person becomes incapacitated or passes away. In so doing, estate planners help people avoid a long and expensive probate and/or conservatorship proceeding. As you might imagine, most estate planning attorneys also help families – who have not done adequate estate planning – through probate and conservatorship court. Finally, some estate planning attorneys also focus their practice on trust litigation, for when bad estate planning unravels.
Incidentally, while few estate planning attorneys truly practice elder law, almost all elder law attorneys practice estate planning. That is, estate planning is invariably a part of elder law planning, but not vice versa. Confusingly, I also find that most people believe elder law attorneys handle elder abuse cases.
Oddly, that is more the exception than the rule. Why? Because you must be a litigation attorney to handle elder abuse cases. And frankly most of the time, neither estate planning nor elder law attorneys focus on litigation. Which really highlights the point that people ought to seek the help of an expert, who has experience handling the matters directly affecting them. For example, if you have a tooth ache, you go to the dentist. If you have a belly ache, you go to the doctor. Similarly, if you find yourself embroiled in a legal battle, you need to find a good litigator. If you are simply concerned about who gets what of your assets when you pass away, look for a good estate planning attorney. Lastly, if you want to ensure that you can live the way you want to live in your golden years and that you don’t go broke or become a burden on others in the process – as well as being able to dictate who gets what of your assets when you’re gone – then you definitely need an excellent elder law attorney.
For help with California elder care law or estate planning, contact Randall F. Kaiden, Esq., of Kaiden Elder Law Group, at: 661-247-8433, or via our website: www.kaidenelderlaw.com.