Adult children will oftentimes seek assistance in generating an Estate Plan for their parents. This is typically done out of love and concern, and wanting to ensure their parents’ affairs are in order. In some instances, the parent is going on a bucket list vacation. In other instances, an unfortunate event or diagnosis spurs the initiative.
Our firm is happy to schedule a consultation by an adult child on behalf of his or her parents; however, the adult child must understand that: 1) he or she is not the client, and 2) the information discussed between the parent and attorney is privileged and confidential. Whether the adult child can attend the discussion should be discussed prior to the meeting and is ultimately up to the client (the parents).
It is also important to understand that one must have the capacity to execute estate planning documents. Generally speaking, an individual must understand the nature of a testamentary act (layman's terms: the legal document used to transfer holdings and powers), be able to recall and describe possessions and contents of the estate, and be able to recall and understand their relations (spouse(s), descendants, parents, living relatives) and those affected by the Will.
It might be an inappropriate time to generate or sign estate documents if an individual is permanently or temporarily suffering from symptoms including delusions or hallucinations, often confused or in a stupor, unable to communicate or recognize anyone, is childlike, or senile. Executing estate planning documents when incapacitated can result in the documents be contested and invalidated. **
In conclusion, if you are an adult child who is assisting your parents in getting their affairs in order, please feel free to reach out to Legacy Planning and Probate; we are happy to assist.
**We understand that some adult children are seeking estate planning for their incapacitated parents. There are vehicles available in this type of situation; however, our firm, does not assist with these vehicles nor perform these services. Similarly, we do not represent clients wishing to contest a Will. Should you need representation for these services, we are happy to share referrals.