Elder Law vs. Estate Planning: Which Attorney Do You Really Need?
Why this question matters
When families explore reverse mortgages to help pay for care, one of the first questions that comes up is:
👉 “Do we need an elder law attorney, or will a regular wills-and-estates lawyer do the trick?”
The truth: both have important roles, but they focus on different stages of life planning. Understanding the distinction could save your family headaches — and money.
What a Wills, Trusts & Estates Attorney Does
Think of a WTE attorney as your legacy planner. Their focus is on:
Drafting wills and trusts
Minimizing estate taxes
Structuring inheritance
Making sure assets transfer smoothly after death
Their job is mainly about protecting what happens after life — how assets move to heirs, how probate is handled, and how family disputes are minimized.
What an Elder Law Attorney Does
An elder law attorney is more like your life planner. Their focus is on:
Long-term care planning (in-home, assisted living, nursing care)
Medicaid/VA benefit qualification
Guardianship or power of attorney
Protecting assets while still funding care
Housing and healthcare decision-making
Their job is mainly about protecting quality of life while aging — making sure seniors can afford care, stay safe, and preserve dignity.
How they overlap
Both types of attorneys may draft documents like powers of attorney, healthcare directives, and trusts. But their lens is different:
A WTE attorney looks at the after-effects — “What happens to the house after mom passes?”
An Elder law attorney looks at the here and now — “How do we use the house to fund care while mom is alive?”
Why this matters in reverse mortgage planning
Here’s where families often get tripped up:
A WTE attorney may not consider Medicaid eligibility rules, which can impact how a reverse mortgage line of credit is treated.
An Elder law attorney can help structure the use of reverse mortgage funds so they don’t accidentally disqualify a parent from benefits.
Together, they ensure both care today and inheritance tomorrow are balanced.
Real-life example
Linda’s mom wanted to use a reverse mortgage to pay for in-home care. Her WTE attorney had done a great job setting up a trust, but he didn’t advise on how using that money might affect Medicaid down the road. An elder law attorney stepped in, coordinated the plan, and helped Linda’s mom qualify for benefits without losing her home or care.
The bottom line
If you’re thinking about long-term care, benefits, or aging-in-place strategies, you want an elder law attorney in the room.
If you’re thinking about inheritance, probate, and how assets pass to kids, you want a wills & estates attorney in the room.
In many families, the right answer is both.
Because when you’re weighing a reverse mortgage, it’s not just about the money — it’s about making sure the whole plan holds up legally for today and tomorrow.
👉 Next Step: Before making a decision, set up a family call with your financial planner, CPA, and the right type of attorney. And if you want to explore how a reverse mortgage might fit into that plan, let’s talk.
Book a free 15-minute call: https://interconnectmortgage.com/calendar
Interconnect Mortgage — NMLS 1720882
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Disclaimer: This content is for educational purposes only and should not be considered legal, tax, or financial advice. Interconnect Mortgage, Inc. is not a law firm and does not provide legal services. Always consult with a qualified elder law attorney, estate planning attorney, CPA, and financial advisor before making decisions regarding reverse mortgages, estate planning, or long-term care. All loans are subject to credit approval, program guidelines, and property requirements. Reverse mortgage borrowers must continue to pay property taxes, homeowners insurance, and maintain the home. Program terms and availability are subject to change without notice. Not all applicants will qualify.
