As an adult child, you may have searched online for an estate planning and elder law attorney and set up a remote consultation for your parent(s). However, it is not uncommon for the attorney to request to speak with your parent(s) alone during the initial consultation. This may leave you feeling uneasy or frustrated, but it is an ethical obligation of the attorney to follow the "Four Cs of Elder Law Ethics" outlined by the American Bar Association (ABA).
The Four Cs consist of :
- Client Identification
- Conflict of Interest
- Confidentiality, and
- Capacity.
By speaking with your parent(s) alone, the attorney can identify who their client would be, ensure that there are no conflicts of interest, maintain confidentiality, and assess the client's capacity to make decisions about their estate or long-term care planning. An adult child's presence may hinder the consultation and distract from the conversation's purpose.
It is important to acknowledge that the client has the right to waive confidentiality and allow their adult child to accompany them in their initial consultation. However, the attorney should speak with the client alone at first to at least inform them of their right to confidentiality. This gives the parent(s) the ability to provide informed consent to waive the attorney's duty to confidentiality to include the adult child.
While it can be frustrating for an attorney to leave you out of the initial consultation, know that, ultimately, it may be in the best interest of your parent(s) or other loved ones. By following the Four Cs of Elder Law Ethics, attorneys can ensure that their clients' wishes and documents are not scrutinized or undone at any point in time as a result of allowing a family member to be too involved in the process.
If you are looking for an estate planning and elder law attorney for your parent(s) who practices ethically and in the best interest of their clients, contact us at The Law Office of Aubrey Carew Sizer PLLC at (571) 403-2619. Our experienced principal attorney would be honored to guide you through the legal process and make sure your loved one's needs are met.
