Helping a Loved One with Estate Planning
We often receive calls from individuals seeking assistance for an elderly parent or loved one. While the intentions are commendable, it's essential to understand some key considerations when initiating this process on behalf of someone else.
The True Client
When you reach out to us on behalf of someone else, remember that the individual for whom you're seeking assistance is the actual client. Estate planning is highly personal, and the attorney must communicate directly with the person whose estate is being planned to ensure their wishes are accurately represented.
Confidentiality and Direct Communication
Confidentiality is crucial in the attorney-client relationship. This means that the attorney must speak directly with the prospective client to provide proper legal advice. Direct communication helps maintain the integrity of the attorney-client privilege and ensures the client's desires are fully understood and respected.
Avoiding Conflicts of Interest
A conflict of interest can arise if the attorney's ability to represent the client is influenced by differing interests. Our duty is to serve the best interests of the actual client, not the third party who initiated the contact. This ensures that the estate plan truly reflects the client's wishes.
How You Can Assist
You can still support your loved one in several ways:
Facilitate Communication: Help arrange meetings or calls where the attorney can speak directly with your loved one.
Provide Context: Share relevant information about your loved one’s situation, while allowing them to express their own wishes.
Encourage Transparency: Reassure your loved one that the attorney is there to support their best interests.
Respect Boundaries: Understand that some details may remain confidential between the attorney and the client.
Estate planning is crucial for ensuring peace of mind and security for the future. By understanding the importance of direct attorney-client communication and being mindful of potential conflicts of interest, you can effectively support your loved one through this process.
If you have any questions or need further guidance, please contact us. We are here to help you navigate this important journey with care and professionalism.