When I presented the February 2026 webinar titled, How to pinpoint clients that need regular estate planning vs elder law planning, I wanted to simplify something that’s often misunderstood in our profession: estate planning and elder law are not the same thing and confusing the two can leave families exposed.
I often say estate planning is about what happens when you die. Elder law is about what happens if you don’t. Most traditional estate plans focus on distributing assets, avoiding probate, and putting basic incapacity documents in place. But the greater risk most families face isn’t necessarily death, it’s decline. It’s cognitive change, long-term care costs, caregiver stress, and the slow erosion of assets during life.
Age may start the conversation, but function is what should drive the planning. A healthy 52-year-old likely needs coordinated beneficiaries and solid powers of attorney. A couple in their late 70s with recent falls or memory concerns needs something very different, including asset protection, Medicaid planning, deeper successor planning, and documents that hold up under real pressure.
Too many plans assume high function until death. Elder law planning assumes decline and prepares for it. That shift in mindset is the difference between simply transferring wealth and actually protecting it.
We also talked about the real numbers behind care. Nursing home costs can exceed six figures annually, and assisted living isn’t far behind. Medicare does not cover extended long-term care, and many families are shocked to learn how quickly assets can be depleted without proper planning. If we don’t address those realities early, we’re not fully advising our clients.
Finally, I emphasized the importance of documents. Durable powers of attorney, healthcare directives, and HIPAA authorizations are foundational, but they must be built with successor strength and realistic expectations about agent burnout. Planning isn’t about checking a box; it’s about building a framework that functions under stress.
You can’t predict the future. But you can build a plan that stands firm when it arrives.
If you’re an attorney wanting to go deeper into these distinctions and learn how to build durable elder law frameworks into your practice, I invite you to connect with me.
I’m Todd Whatley, CELA,
The Elder Law Coach.
