By Chuck Roulet, Estate and Elder Law Attorney | Licensed in Florida and Minnesota
Most people have heard of estate planning. Far fewer have heard of elder law. And many who have heard of both assume they are the same thing — just different names for what an attorney does when you get older.
They are not the same thing. And for a family dealing with a dementia diagnosis, long-term care costs, or Medicaid planning, the difference is critically important.
What Estate Planning Covers
Estate planning is focused primarily on what happens to your assets after you die. A comprehensive estate plan typically includes:
- A will or revocable living trust to direct who receives your assets
- Powers of attorney for financial decisions during incapacity
- Health care directives and living wills
- Beneficiary designations for retirement accounts and life insurance
- Tax planning strategies to minimize estate and gift taxes
- Trusts to protect assets for children or other beneficiaries
Estate planning is something every adult should have regardless of age or health. It ensures your wishes are carried out, your family avoids probate, and your assets go to the people you choose.
What Elder Law Covers
Elder law is a specialized area of practice focused on the legal and financial challenges that arise as people age — particularly when long-term care becomes necessary. It picks up where traditional estate planning leaves off and addresses questions that estate planning alone cannot answer.
Elder law encompasses:
- Medicaid planning — qualifying for Medicaid long-term care benefits while legally protecting assets from spend-down requirements
- Nursing home and long-term care cost planning — structuring finances to minimize out-of-pocket costs
- Medicaid Asset Protection Trusts — irrevocable trusts specifically designed to shelter assets from Medicaid eligibility calculations
- Guardianship and conservatorship — court proceedings to establish legal authority for incapacitated adults
- Veterans benefits planning — maximizing Aid and Attendance and other VA benefits for eligible veterans
- Special needs planning — ensuring disabled family members retain government benefits while receiving inherited assets
Why the Distinction Matters More Than Most People Realize
Here is the critical point that most families do not learn until it is too late.
A standard revocable living trust — the cornerstone of most estate plans — does nothing to protect assets from nursing home costs. Medicaid counts the assets in a revocable trust exactly as if they were sitting in a bank account. An estate planning attorney who does not also practice elder law may create a beautifully structured trust for a client that provides zero protection against a $150,000-per-year nursing home bill.
I see this in my practice regularly. Families come in with a trust their attorney prepared years ago, confident they are protected, and I have to explain that while the trust is excellent for avoiding probate and minimizing taxes, it will not shelter a single dollar from long-term care costs without additional planning.
Do I Need an Attorney Who Practices Both?
If you are a healthy 50-year-old primarily concerned with making sure your assets pass efficiently to your children and that your family avoids probate, a skilled estate planning attorney is exactly what you need.
If you are over 60, concerned about long-term care costs, have a parent with dementia, or are already navigating a nursing home situation, you need an attorney who practices both estate planning and elder law. The two disciplines are deeply intertwined for this stage of life, and planning done without knowledge of both can leave enormous gaps.
At Roulet Law Firm, we practice both — and have for nearly 30 years. We design plans that not only protect families after death but protect them while they are alive and facing the real costs of aging.
To understand the full picture of what planning looks like for a family facing dementia, read our complete guide by clicking here.
Ready to Protect Your Family? Call Us Today.
If your family is facing this situation right now, the most important step you can take is a conversation with an experienced elder law attorney. There is no obligation and no pressure — just clear answers about what is still possible for your family.
Florida Office (Venice, FL): 941-909-4644
Minnesota Office (Minnetonka, MN): 763-420-5087
Or fill out the contact form on this page and a member of our team will reach out to schedule your consultation.
Free Resource: Download "Save Our Home"
Our free guide walks through exactly how families protect their home and savings from long-term care and nursing home costs — including strategies most families never hear about until it is too late. Click here to download your free copy.
Free Online Masterclass
Register for our free estate planning masterclass to learn the strategies Chuck uses with his private clients to avoid probate, reduce taxes, and protect family wealth. Click here to register.
Chuck Roulet is an estate and elder law planning attorney at Roulet Law Firm, P.A., with offices in Minnetonka, Minnesota and Venice, Florida. He is licensed in both states and has nearly 30 years of experience helping families protect their homes, life savings, and legacies.
This page is for informational purposes only and does not constitute legal advice. Please consult a licensed attorney about your specific situation.
