Your 75-year-old father was just told he’ll need long-term care. At the same time, your spouse has been urging you to update your will after your recent promotion. Both are important legal matters—but each one calls for a different kind of legal support.
Many Washington families get confused about whether they need an elder law attorney or an estate planning attorney. The confusion makes perfect sense—both work with wills, trusts, and powers of attorney. Both help families protect their assets and plan for the future. But the timing, focus, and scope of their services are actually quite different. Choose the wrong one, and you might miss important opportunities or leave your family unprepared.
What Does an Estate Planning Attorney Actually Do?
Estate planning attorneys focus on what happens to your stuff after you die. Their main job is creating plans that get your property to the right people while avoiding unnecessary taxes and court hassles.
In Washington State, these attorneys handle several key documents. They write wills that meet the rules in RCW Title 11, which covers how estates work in our state. They also set up different types of trusts—revocable living trusts, irrevocable trusts, and special trusts for unique family situations.
Estate planning lawyers prepare powers of attorney under Washington’s Uniform Power of Attorney Act (RCW 11.125), which took effect January 1, 2017. This law protects against potential abuse while making sure your chosen person can act for you when needed. They also draft healthcare directives that follow Washington State rules, so your medical wishes get honored if you can’t speak for yourself.
These attorneys also handle beneficiary forms for retirement accounts, life insurance, and other assets that skip probate. They help families make sure all these forms work together with the rest of their estate plan.
Tax planning is another big part of what they do. Washington doesn’t have a state income tax, but it does have an estate tax with exemption amounts that recently changed. For deaths occurring before July 1, 2025, the exemption is $2.193 million, but for deaths occurring on or after July 1, 2025, the exemption increased to $3.0 million. The tax rates also jumped significantly in July 2025, increasing from a maximum of 20% to a maximum of 35% for larger estates. Estate planning attorneys help families structure their assets to minimize this tax hit.
Estate planning attorneys typically work with clients who are healthy and thinking about the distant future. Their clients include young families creating their first wills, middle-aged professionals updating plans after major life changes, or wealthy individuals using sophisticated tax strategies.
How Does Elder Law Differ from Traditional Estate Planning?
Elder law attorneys focus on right now and the immediate future for aging adults and people with disabilities. While estate planning asks “What happens when I die?” elder law asks “How do I keep my dignity, quality of life, and financial security while I’m still living?”
Elder law means counseling and representing older people, their representatives, and their families about legal issues involving health and long-term care planning, public benefits, decision-making help, and managing their affairs while they’re alive.
Elder law attorneys in Washington State often handle Medicaid planning to help families qualify for long-term care benefits while keeping assets for healthy spouses and future generations. They work a lot with the Department of Social and Health Services (DSHS) and know the complex rules for Medicaid eligibility in our state.
These attorneys also handle guardianship and conservatorship cases when people can no longer make decisions for themselves. Washington State law has specific procedures for these situations under RCW Title 11, and elder law attorneys guide families through these often emotional and complex court processes.
Unfortunately, elder abuse cases represent another big area of elder law practice. Washington’s Vulnerable Adult Protection Act (RCW 74.34) provides legal remedies for seniors who experience financial, physical, or emotional abuse. Elder law attorneys help families address these situations and recover stolen money when possible.
Medicare help forms another important part of elder law practice. These attorneys help seniors deal with Medicare denials, appeals, and coordination with supplemental insurance. They also help with Medicare fraud situations and billing disputes.
Housing issues often need elder law help. These attorneys handle landlord-tenant disputes involving senior housing, nursing home contracts, assisted living agreements, and home care arrangements. They also handle situations where seniors face eviction or discrimination based on age or disability.
Elder law attorneys typically work with clients facing immediate challenges or crises. Their clients include families dealing with a recent dementia diagnosis, seniors who need long-term care planning, adult children worried about a parent’s capacity, or people who have been victims of financial exploitation.
Which Attorney Should You Choose for Your Situation?
The choice between an elder law attorney and an estate planning attorney depends on your current situation, timeline, and immediate needs.
Choose an estate planning attorney when you are:
- Generally healthy and planning for the future
- Looking to create or update basic documents like wills and trusts
- Focused on minimizing taxes and avoiding probate
- Planning asset transfers for after your death
- Setting up college savings or other long-term financial strategies
- Creating business succession plans
- Young or middle-aged with dependent children
Choose an elder law attorney when you are:
- Already experiencing health challenges that might require long-term care
- Concerned about qualifying for Medicaid benefits
- Dealing with capacity issues in yourself or a family member
- Facing immediate housing or healthcare crises
- Victims of elder abuse or financial exploitation
- Needing help with Medicare issues or appeals
- Planning for immediate or near-term long-term care needs
Some situations clearly need one type of attorney over the other. If you’re a healthy 45-year-old professional who wants to create a will and set up college savings trusts for your children, an estate planning attorney makes obvious sense. On the flip side, if your 80-year-old mother has dementia and needs nursing home care, an elder law attorney would better serve your family’s immediate needs.
Many situations fall into a gray area where either type of attorney might help. For instance, if you’re 65 years old with some health concerns and want both long-term care planning and estate planning, you might benefit from either approach. In these cases, consider meeting with both types of attorneys to see which feels like a better fit for your specific situation.
What Laws Govern These Practice Areas in Washington State?
Washington State law provides the framework for both elder law and estate planning practice. Several key statutes govern these areas and affect how attorneys serve their clients.
RCW Title 11 covers probate and trust law in Washington State. This comprehensive section includes rules for wills, trusts, guardianships, and probate procedures. Both estate planning and elder law attorneys work with these statutes, though they focus on different parts depending on their practice area.
RCW 11.04.015 handles the descent and distribution of real and personal estate, detailing the specific order of asset distribution. This statute becomes particularly important when someone dies without a will or when estate planning documents don’t cover everything.
The Washington Uniform Power of Attorney Act (RCW 11.125) became effective on January 1, 2017. Its goal is to eliminate confusion and provide safeguards against possible abuse by agents. Both types of attorneys regularly draft powers of attorney under this law, though elder law attorneys often deal with situations where these documents are already being used during capacity issues.
RCW 74.34, Washington’s Vulnerable Adult Protection Act, primarily affects elder law practice. This statute defines vulnerable adults, outlines reporting requirements, and provides legal remedies for abuse situations. Elder law attorneys frequently use this law when representing victims of financial exploitation or other forms of abuse.
The Washington State estate tax significantly impacts estate planning practice. The exemption amount increased to $3.0 million for deaths occurring on or after July 1, 2025, while deaths before that date have a $2.193 million exemption. Tax rates also increased substantially in July 2025, now ranging from 10% to 35% of the Washington taxable estate, compared to the previous maximum rate of 20%. These changes affect many Washington families and influence estate planning strategies.
Washington’s community property laws also affect both practice areas. These laws determine how married couples own property and can significantly impact both estate planning strategies and Medicaid planning approaches.
How Much Do These Services Typically Cost?
Legal fees vary a lot based on how complex your situation is, the attorney’s experience, and what services you need. The following ranges are estimates and actual fees may vary based on individual circumstances and attorney experience. Here are some general patterns for both elder law and estate planning services in the Tacoma area.
Estate Planning Costs
Estate planning attorneys often use flat fees for standard services. Simple wills might range from $500 to $1,500 per person, while comprehensive estate plans including trusts, powers of attorney, and healthcare directives typically cost between $2,000 and $5,000 for married couples. More complex plans involving multiple trusts, business interests, or sophisticated tax strategies can cost $10,000 or more.
Elder Law Costs
Elder law attorneys frequently bill by the hour, particularly for crisis situations or ongoing representation. Hourly rates in the Tacoma area typically range from $300 to $500 per hour, depending on the attorney’s experience and how complex the matter is. Some elder law attorneys offer flat fees for specific services like Medicaid applications or simple guardianship cases.
Medicaid planning often represents one of the more expensive elder law services, but it can save families tens of thousands of dollars in long-term care costs. Comprehensive Medicaid planning might cost between $3,000 and $8,000, but families who qualify for benefits often save $6,000 to $10,000 per month in nursing home costs.
Guardianship and conservatorship proceedings typically involve court filing fees, attorney fees, and ongoing administrative costs. Initial guardianship proceedings might cost between $3,000 and $7,000, with annual reporting requirements creating ongoing expenses.
When looking at costs, think about the potential savings or benefits each type of planning might provide. Estate planning can save families thousands in probate costs and estate taxes. Elder law planning can help families qualify for benefits worth hundreds of thousands of dollars over time.
Can One Attorney Handle Both Types of Cases?
Many attorneys practice in both elder law and estate planning, and this overlap can benefit clients who need services in both areas. However, the depth of knowledge and experience can vary significantly between attorneys who focus on one area versus those who handle both.
Some law firms employ attorneys who concentrate in different areas, allowing them to refer clients internally when situations require different types of knowledge. This approach can provide clients with both continuity and focused attention from attorneys who regularly handle their specific type of case.
When evaluating attorneys who claim to handle both areas, consider asking about their recent experience with cases similar to yours. An attorney who primarily handles estate planning might not have current knowledge of Medicaid rules or nursing home regulations. On the other hand, an elder law attorney might not stay current on the latest estate tax strategies or business succession planning techniques.
The best approach often involves choosing an attorney based on your immediate needs and most pressing concerns. If you need both types of services, you can always work with multiple attorneys or find a firm that has genuine depth in both areas.
Key Takeaways
- Estate planning attorneys focus on what happens to your assets after death, while elder law attorneys concentrate on protecting your interests and quality of life while you’re living.
- Estate planning works best for healthy individuals planning for the future, while elder law addresses immediate challenges facing aging adults and their families.
- Washington State law provides specific frameworks for both practice areas, including RCW Title 11 for probate and trust matters and RCW 74.34 for vulnerable adult protection.
- The Washington estate tax exemption increased to $3.0 million for deaths after July 1, 2025, with tax rates now ranging from 10% to 35%, making estate planning even more important for higher-value estates.
- Costs vary significantly based on services needed, but both types of planning can provide substantial financial benefits that exceed their costs.
- Some attorneys practice in both areas, but evaluate their recent experience and depth of knowledge in the specific services you need.
- The timing of your needs often determines which type of attorney will serve you best—estate planning for future concerns, elder law for present challenges.
Frequently Asked Questions
Do I need different attorneys for estate planning and elder law issues?
Not necessarily. Many attorneys practice in both areas and can handle overlapping needs effectively. However, if your situation involves complex issues in either area, you may benefit from working with an attorney who concentrates in that specific field and has deep current knowledge of the relevant laws and procedures.
When should I start working with an elder law attorney?
Consider consulting an elder law attorney when you or a family member face health challenges that might require long-term care, when you’re concerned about Medicaid planning, or when immediate issues arise involving capacity, elder abuse, or healthcare advocacy. Unlike estate planning, elder law often involves time-sensitive situations that require immediate attention.
Can an estate plan help with long-term care costs?
Yes, but with limitations. Estate planning strategies like certain types of trusts can help protect assets from long-term care costs, but these strategies typically require advance planning and may not be available once you already need care. Elder law attorneys often have more current knowledge of these strategies and their requirements.
What happens if I need both estate planning and elder law services?
Many families need both types of services, either at the same time or at different times. You can work with attorneys who practice in both areas, or you can work with different attorneys who communicate and coordinate their services. The key is making sure that your various legal documents and strategies work together effectively.
How do I know if my power of attorney documents comply with current Washington State law?
Washington updated its power of attorney laws significantly in 2017 with RCW 11.125. If your power of attorney documents were created before this date, they may still be valid, but you should have them reviewed to make sure they include current protections and meet current requirements. Both estate planning and elder law attorneys can review these documents and recommend updates if needed.
Contact Us
Choosing between an elder law attorney and an estate planning attorney doesn’t have to be confusing. At James A. Jones Attorney At Law, we provide both estate planning and elder law services to families throughout the Tacoma area. Our approach involves listening carefully to your specific situation and recommending the services that best meet your immediate needs and long-term goals.
Whether you’re planning for the future or dealing with immediate challenges, we can help you protect your family’s interests and create peace of mind. We offer consultations where we can discuss your situation, explain your options, and help you determine the best path forward.
Don’t let uncertainty about which type of attorney you need prevent you from getting the legal help your family deserves. Contact us today to schedule a free consultation and take the first step toward protecting your family’s future. We’re here to guide you through the legal complexities and help you make informed decisions about your family’s planning needs.
