As an estates lawyer, the journey of working with older adults is both a privilege and a unique challenge. The wealth of experience and stories that accompany this demographic brings with it a distinct set of considerations and responsibilities. In this blog post, I explore the nuanced aspects of providing legal assistance to older adults and the importance of maintaining clear boundaries, upholding ethical standards, and ensuring that the older adult’s wishes are prioritized when their family members are involved.
Often, the first person to contact the lawyer’s office is not the older adult, but rather a family member or other person who claims to be reaching out “on behalf of the older adult.” While the information provided can be valuable, it’s imperative to remember that the older adult is the primary client and the information provided by family members should not be solely relied upon. From the outset, lawyers should seek independent instructions directly from the older adult to avoid potential conflicts of interest.
Lawyers should proactively set clear boundaries at the outset to maintain the integrity of the lawyer-client relationship. Emphasizing the need for private and independent discussions, the lawyer should explain this requirement to both the older adult and any involved family members or representatives.
While some family members may be very well intentioned, the lawyer must assume that everyone may be in a potential conflict of interest with the older adult. Thus, meetings with the older adult should be conducted privately and independently. Despite the older adult’s insistence on having a family member present, lawyers must educate clients about the risks of undue influence. Clear communication from the outset is crucial to establishing a confidential and unbiased lawyer-client relationship.
If the older adult still insists on having the family member present with them or the family member will not allow the lawyer to have a confidential, private, independent relationship with the older adult client, then the lawyer should not move forward.
Lawyers must remain vigilant about potential risks associated with involving family members in the legal process. This includes being cautious about disclosing information to family members and discussing such matters with the older adult client. Open communication is essential to address any concerns or expectations regarding information disclosure.
Navigating the complexities of working with older adults in estate law requires a delicate balance between respecting family dynamics and upholding the ethical responsibility to prioritize the older adult’s wishes. By establishing clear boundaries, educating clients about potential risks, and maintaining open communication, lawyers can ensure a more transparent and client-centered legal process. Always keeping the older adult’s best interests at heart is not just a legal obligation but a commitment to maintain an ethical and compassionate practice.
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