As an estate planning and elder law attorney, I have seen a little bit of everything over the past 20 years. I am a big believer in having loved ones be part of the estate planning process to ensure that everybody is on the same page. Unfortunately, there are a few unscrupulous individuals whose objectives are to take advantage of their parents in one way or another. This does not change my opinion that estate planning and elder law are a team sport and that they should always include the financial advisor, the accountant, as well as the family. However, it is imperative that the professionals who are working with the individual stay vigilant and watch for signs of exploitation or abuse. Although it can often be very subtle, professionals usually have the skills and the tools to be able to see through it and bring attention to it. In an extreme case, a professional will contact the Area Agency on Aging and notify the Adult Protective Services division. They have authority under the Adult Protective Services Act to protect individuals in or around our community. However, that is definitely the exception to the rule, and in most cases, it is enough to have the family members leave the room and talk to the client alone to determine whether or not they are being unduly influenced or if they are speaking freely on their own. Most elderly individuals don’t always realize what is occurring and therefore are not trying to hide it. They don’t realize what is going on, so a trained professional can often ask the right questions to determine if something is not right. In the vast majority of cases, I do think that having family involvement in the elder law process is beneficial to everyone involved.

 

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