Is Elder Law the Same as Family Law?

Are elder law and family law the same? No, elder law and family law are different areas of law. Elder law focusses primarily on estate planning, Medicaid planning, guardianship, and other areas of law of use to the elderly and infirmed. Family law focusses primarily on divorce, child custody, and adoption.

What is elder law?

Elder law is an area of legal practice focusing on the needs of the elderly and infirmed. Almost all elder law attorneys are also estate planners, drafting wills, trusts, powers of attorney, and other estate planning documents. Many elder law attorneys also practice in guardianship law and Medicaid planning. Sometimes elder law attorneys specialize in nursing home litigation.

The theme through all of the above practice areas is a focus on the needs of elders. Elder law attorneys focus their practice on the areas of law most of use to elderly individuals. They cater to the legal needs of the elderly, which often involves planning for incapacity and the end of life. Thus, elder law attorneys think about how to minimize the stress and financial woes associated with the incapacity and death of the elder.

What is family law?

Family law is an area of legal practice focusing of the dissolution of marriage (commonly known as “divorce”), child custody, and adoption. The common thread through all three is that each of the actions directly impacts the family dynamic. In a divorce cases, spouses are legally ending a marriage relationship. In child custody cases, parents are litigating over how and by whom children are to be raised. And in adoption cases, a parent (or parents) are seeking to expand their family by adopting a child. Each of these case types focusses on the relationship of one family member to one or more other family members. Thus, we can say that each of these areas is a part of family law.

Is there any overlap between elder law and family law?

There is little overlap between elder law and family law, but occasionally the areas of law influence each other. Family law attorneys handling a divorce often must advise their clients to speak with an attorney about updating their estate plans, which is an area of law often handled by elder law attorneys. Similarly, elder law attorneys sometimes must advise their clients to speak with a family law attorney if the elder wants to seek a way out of a marriage.

Can an elder law attorney also practice family law?

Yes, an elder law attorney can practice family law. However, most do not. Elder law is a complicated area of law, and mastery of elder law often requires focus on it. Thus, elder law attorneys often focus exclusively on elder law, despite being allowed to pursue other areas of law.

Do you need an elder law attorney or a family law attorney?

If you are in need of someone to help you pay for end-of-life care or if you need some estate planning done, then an elder law attorney is a good fit for you. However, if you need a divorce or help with a child custody issue, then a family law attorney would be more appropriate.