what is the difference between an elder law attorney and estate attorney

by Woodrow Becker 7 min read

The primary difference between them is that elder law focuses on what happens while you are living, while estate planning usually centers around what happens after you pass away.

Full Answer

What are the Differences Between Estate Planning and Elder Law?

While neither “estate planning” nor “elder law” has a precise definition, there are some generally-recognized differences. Typically, estate planning encompasses two aspects: (i) planning for incapacity, and (ii) planning for your death. To this end, the types of issues that are generally covered during the life planning process include:

Should You Hire an Estate Planning Lawyer or an Elder Law Attorney?

Given the close relationship between estate planning and elder law, when should you hire an estate planning lawyer, and when should you look for an elder law attorney instead? Fortunately, many lawyers help their clients with issues in both areas.

Contact Florida Life Planning and Elder Law Attorney Mark F. Moss

Located in Jacksonville, attorney Mark F. Moss assists clients throughout Florida with estate planning and elder law matters. If you have questions or concerns and would like to speak with Mark in confidence, please call 904-329-7242 or contact us online to arrange an initial consultation.

What is elder law?

Let’s dive a little deeper: Elder Law is a specialized field of law that addresses the unique legal issues affecting older adults as they age. It encompasses Estate Planning, Long Term Care planning and Asset Protection as well as assistance with major life decisions, such as planning for future health care needs. For this reason, Elder Law often involves family members and other loved ones and is multigenerational in its approach. Elder Law includes navigating the interplay between the medical, financial and emotional decision-making of immediate long-term health care needs or planning for the best future decisions and outcomes.

What is estate planning?

Estate planning is the bedrock of a family’s financial well-being for generations to come. By preparing a Will and all necessary trusts, you take control of your family members’ and loved ones’ financial security, ensure your wishes are carried out, and leave your family free of uncertainty and chaos.

Is estate planning for everyone?

Estate planning is for everyone: you are never too young or too old and never too rich or too poor to plan. If you have assets that you wish to pass to surviving family members on your own terms, then you need an estate plan.

Is elder law a specific field of law?

Elder Law is a very specific field of law. Almost all Elder Law attorneys practice Estate Planning but most Estate Planning Attorneys DO NOT practice Elder Law.

What is the Difference Between an Elder Law and Estate Planning Attorney?

In truth, they do not know the difference between an Elder Law and Estate Planning Attorney.

What is elder law?

The elder law attorney is also involved in assuring the client’s eligibility for public benefits and insurance necessary for long-term custodial care.

What is an estate lawyer?

The wills, trusts, and estates lawyer advises and then prepares legal instruments for clients to effectuate his or her estate plan, appropriately fund the estate plan, administer estates, and protect the estate in the event of probate litigation.

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