California Elder Law versus California Estate Planning What’s the Difference?

Not only do the public and my clients ask me this question, but sometimes estate planners ask me this question! So why the confusion? Well, for starters, both terms, “elder law” and “estate planning” are misnomers. Estate planners are not advising people on how to become rich. Similarly, elder law attorneys usually don’t focus on elder abuse. But, both types of attorneys, do help “elders.” Plus, even though the two areas of law are 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 dentist and an orthodontist overlap.
Scratching your head? If yes, you’re not alone! I find the best way to clarify these two fields of law is with questions: That is, estate planning revolves around the questions: “What happens when I die or become incapacitated?” In addition to those questions though, elder law attorneys help address the question: What happens if I live? In other words, elder law concentrates on the best way for seniors to plan for their future health, housing, financial, and legal needs, over a long time frame. Probably what distinguishes elder law attorneys most from estate planners though, is that we must be experts with public benefits, such as social security, supplemental security income, Medicare, Medicaid, Medi-Cal, and Veterans Pension Benefits.
Incidentally, while few estate planners practice elder law, all elder law attorneys practice estate planning. That is, estate planning is invariably a part of elder law, but not vice versa. The bottom line is this: If you are simply concerned about who gets what of your assets when you pass away, look for an estate planning lawyer. However, if you want to ensure that you can live the way you want in your golden years and that you don’t go broke 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 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.