Sometimes I get a new client who is accompanied by a daughter or son. One of the children brings the parent to the meeting, and that can be a problem. Usually I get a call: "Hi, I'm Johnny. I want to bring my mom in to review her estate planning documents," or "I want to bring my dad in." I have to be careful. If Johnny is one of several siblings, I ask myself why Johnny is bringing Mom or Dad in. Maybe Johnny is trying to change things in the trust to benefit Johnny. Maybe Johnny is influencing the parent and bringing them to my office to make them do something they do not want to do.
How I handle it
I do not decline these clients, but I have to be very careful. I need to find out whether the changes they want, or whatever plan they are implementing, is actually what the mother or father wants. My protocol, and I think any good lawyer's protocol, is to excuse the child from the room and speak privately with the parent for a while to make sure this is exactly what the parent wants to do.
It has happened to me that I excused the child and the parent told me, "No, that's not what I want." Or the parent wanted some of it but not all of it and wanted to make other changes. I need to make sure that what I am doing is for my client, the mother or father or whoever is being brought in. I also have to be careful to see whether Johnny is negotiating things so that everything goes to him, or so that he gets the majority of the inheritance.
The warning sign
When one child out of several brings the parent in for a consultation, it is often a red flag. Sometimes there is nothing harmful about it. It may be a good kid trying to help Mom and Dad out, with no monkey business at all. But it is something I have to be aware of.
If you need to reach me, go to MansourLaw.com or call my office at 661-414-7100.