Share

Southern California Estate Planning, Probate, Trust & Litigation Law Blog

Monday, March 21, 2016

When to Involve Adult Children in the Estate Planning Process

Individuals who are beginning the estate planning process may assume it's best to have their adult child(ren) join them in the initial meeting with an estate planning attorney, but this may cause more harm than good.

This issue comes up often in the estate planning and elder law field, and it's a matter of client confidentiality. The attorney must determine who their client is- the individual looking to draft an estate plan or their adult children- and they owe confidentiality to that particular client.

The client is the person whose interests are most at stake. In this case, it is the parent. The attorney must be certain that they understand your wishes, goals and objectives. Having your child in the meeting could cause a problem if your child is joining in on the conversation, which may make it difficult for the attorney to determine if the wishes are those of your child, or are really your wishes.

Especially when representing elderly clients, there may be concerns that the wishes and desires of a child may be in conflict with the best interests of the parent. For example, in a Medicaid and long-term care estate planning context, the attorney may explain various options and one of those may involve transferring, or gifting, assets to children. The child's interest (purely from a financial aspect) would be to receive this gift. However, that may not be what the parent wants, or feels comfortable with. The parent may be reluctant to express those concerns to the attorney if the child is sitting right next to the parent in the meeting.

Also, the attorney will need to make a determination concerning the client's competency. Attorneys are usually able to assess a client's ability to make decisions during the initial meeting. Having a child in the room may make it more difficult for the attorney to determine competency because the child may be "guiding" the parent and finishing the parents thoughts in an attempt to help. 

The American Bar Association has published a pamphlet on these issues titled "Why Am I Left in the Waiting Room?" that may be helpful for you and your child to read prior to meeting with an attorney. 


Archived Posts

2018
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014


Law Offices of Mary P. Kulvinskas located in Westlake Village, CA serves clients in southern CA including Agoura, Calabasas, Camarillo, Los Angeles, Malibu, Oxnard, Simi Valley, Thousand Oaks, San Fernando Valley, and Ventura.



© 2018 Law Offices of Mary P. Kulvinskas | Disclaimer
2625 Townsgate Road, Suite 330, Westlake Village, CA 91361
| Phone: 805-267-1125

Trust Litigation | Probate Litigation | Estate Planning | Trusts & Estate Planning | Trust Administration | Probate Administration | Estate Tax Planning | Advanced Estate Planning | Family Limited Partnerships | About

Law Firm Website Design by
Amicus Creative