Most people use the terms “estate planning” and “elder law” interchangeably. If you find yourself curious whether elder law vs. estate planning are the same or not, you are not alone. Estate planning deals mostly with helping plan for disability, death, and taxes. The purpose of estate planning is to make sure loved ones receive their inheritance and are taken care of after one’s death.
Elder law, on the other hand, involves some of the same issues as estate planning but also touches on others outside of it. Elder law helps those who are aging take care of their legal and health needs. One difference between elder law and estate planning is that elder law can help with long-term care. For example, you may need to plan for nursing home care later in life, and an elder law attorney can help you do so.
While elder law can overlap some of the same tasks as estate planning, estate planning does not go into long-term care planning or assisting someone with Medicare. An attorney, however, may offer both estate planning and elder law services. This guide compares elder law vs estate planning so you can decide what fits your needs now and later.
Digging Deeper into the Definition of Each and How to Tell Which Service You Need
Here, we will go over each type of planning process so that you can determine which one is right for your current situation. The differences between elder law and estate planning center primarily around their focuses.
Generally, if you want to plan for what happens when you die, estate planning is where you start. If you are approaching retirement age, have aging parents, or are thinking about long-term care options, you likely need elder law guidance. The two areas overlap, and many law firms—including the Law Office of Andrew M. Lamkin, P.C.—provide both services to ensure complete protection.
What Is Estate Planning?
Estate planning is a long-term, proactive planning procedure that addresses what you would like to happen after your death. Some of the items you plan for in your estate plan can still help you while living, including creating a trust or having a health directive.
Most importantly, when doing estate planning, you are preparing for post-death situations. Your estate plan establishes several rules and guidelines for loved ones, including who inherits what from your estate, how you would like to be buried, and any special instructions you wish to leave behind for loved ones.
When you meet with an estate planning attorney, you will let your attorney know any concerns or wishes you may have about how you would like your property distributed after death. Your attorney will then consider your estate size, current laws, and any unique factors to create an estate plan that addresses all of those concerns and wishes. Some items you may take care of during this process include:
- Creating a will with instructions for property distribution after death,
- Establishing one or more trusts,
- Naming guardians for minor children, and
- Designating financial or medical decision-makers through powers of attorney and health care directives.
If you do not have an estate plan, the court will decide how to distribute your assets. The court follows the current law, and your estate’s assets may go to parties you would not have given your assets to initially. Therefore, it is important that anyone with assets creates an estate plan to make sure that the right parties receive an inheritance. An estate plan essentially tells the court where you would like your money to go, who will care for any minor children you have, what you would like to happen if you become disabled, and may help you avoid probate court if you establish a trust for your assets.
Most importantly, estate planning is ongoing. As your family changes or you acquire new assets, you will update your will accordingly. Most attorneys advise their clients to update or review their existing plans once a year or once every other year. You should also revise your plan immediately after any significant life change. Examples of a substantial life change would be remarrying, having another child, or purchasing property.
What Is Elder Law?
While your estate plan creates a guideline for surviving family members to carry out your wishes, elder law addresses issues that will occur during your life. You may need to save assets so that you can use them for care later. You might also need assistance in creating instructions in case you become incapacitated or disabled later on.
Elder law is broader than many people realize and includes:
- Long-term care planning,
- Asset preservation,
- Medicaid eligibility, and
- Guardianships.
It can even involve protection from elder abuse or financial exploitation.
Planning for Long-Term Care
Planning for long-term care is very complicated. Most people hire attorneys because they do not understand the nuances of state aid programs and how their assets affect eligibility. Qualifying for these types of benefits can be confusing, and all it takes is a minor error on your initial application to set back the receipt of benefits. Your attorney can advise you on how to protect those assets. They will explore options for transferring your assets and advise you on which assets you can still keep so that you qualify for insurance benefits without losing all of the retirement funds you have saved up for.
As of 2024, nursing home care in New York typically costs at or above $150,000 per year. Without advance planning, those costs can quickly exhaust a family’s savings. Elder law attorneys guide clients through the Medicaid “spend-down” rules and the five-year lookback period so that they can protect property while still qualifying for coverage.
Your attorney can also help you complete the necessary applications for Medicare and Medicaid. When you have an attorney complete these applications for you, you are more likely to be accepted than if you attempt to do them yourself.
Planning for Incapacity
In addition to financial planning, elder law attorneys prepare documents such as powers of attorney and living wills. These tools allow you to select trusted individuals to manage your affairs if you become incapacitated and incapable of managing them yourself. These steps prevent the need for a court-appointed guardian, saving your family time, money, and stress.
Elder Law Costs
So, what does elder law cost? The answer depends on your specific needs. Some clients need only a consultation and basic legal documents, while others require comprehensive Medicaid planning or trust creation.
In New York, fees may range from a few hundred dollars for simple document preparation to several thousand dollars for complex planning. Many attorneys offer flat fees or package pricing so clients know exactly what to expect. When you work with the Law Office of Andrew M. Lamkin, P.C., you can expect transparent, predictable pricing tailored to your situation.
Elder Law vs. Estate Planning
Elder law focuses on planning for the medical, financial, and personal needs that arise as a person ages. Elder care attorneys typically focus on how to preserve a client’s quality of life and financial security in the years leading up to and during retirement.
Estate planning typically involves planning for property distribution, particularly after death. It often involves drafting wills, creating trusts, and helping minimize estate and inheritance taxes.
The difference between an elder care attorney vs. an estate planning attorney is a difference in focus. Yet, because estate planning and elder law often intersect, finding an attorney who practices both is essential. Coordinated planning offers the best peace of mind.
Frequently Asked Questions
What is elder law?
Elder law is a legal practice area focused on the unique needs of older adults. It includes planning for health care, housing, guardianship, retirement, and public benefits like Medicaid and Social Security. The goal is to protect a person’s dignity, independence, and financial security while aging.
Are elder law and estate planning the same?
No. The practice areas have significant overlap but serve different primary purposes. Estate planning focuses on what happens to your assets after death. Elder law focuses on protecting your assets and ensuring proper care during life.
What is the average cost of an elder law attorney?
The cost of hiring an elder law attorney varies based on your needs and the complexity of your situation. On Long Island, total costs can range from a few thousand dollars or more, depending on how many services you need.
Is elder law worth it?
Yes—elder law planning can save families significant money, stress, and time. Long-term care expenses can quickly consume a lifetime of savings without proper planning. Improperly handled Medicaid applications or asset transfers can lead to penalties, denials, or even you or your estate owing money to the government. Ultimately, elder law services provide peace of mind—both financial and emotional—for you and your loved ones.
What is the difference between elder law and estate planning?
The key distinction lies in timing and focus. Elder law looks at how to manage and protect your assets while alive, especially if you need long-term care or face incapacity. Estate planning primarily focuses on what happens after you die and ensures your property goes to the people you choose. Ideally, both work together as part of a single, well-structured plan.
Hire an Experienced Attorney for Both Estate Planning and Elder Law
It does not matter where you are in your life; you should meet with a Long Island estate planning attorney in your area to explore your options. An attorney will review your current estate and help you decide which parts of estate and elder law planning apply to you. Most importantly, you need to create an estate plan now. Even if you do not have many assets or no extended family members, having no estate plan means that the court will decide how to distribute the assets you do have.
You can protect loved ones, dictate who receives what from your estate, and provide for family by starting with an estate plan.
Get started by scheduling a free consultation with attorney Andrew M. Lamkin today. This is a no-obligation meeting, and we can review your existing estate plan for changes needed, create a new estate plan, and address any elder law planning needs you may have. Call my office directly to schedule a consultation appointment or request more information online.
Andrew Lamkin is principal in the law firm of Andrew M. Lamkin, P.C., where he focuses his practice in the areas of elder law, estate planning and special needs planning, including Wills and Trusts, Medicaid planning, estate administration and residential real estate transactions. He is admitted to practice law in New York and New Jersey.
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