Identifying The Client.

It is important to remind readers who the client is when it comes to estate planning. The client is not the person who finds me, hears about me, emails me, calls me, makes the appointments or pays me.

Simply, the client is the person for whom the estate planning documents are being prepared for. In other words, the client in estate planning situations are the testator or settlor* who will be signing the estate planning documents.

Of course, for many individuals, those who contact me, set the appointment and pay my fee are also the client for whom the documents are being prepared for.

But you would be surprised.

Many people urge others to seek the services of an estate planning attorney. Many people usher others into my office for a consultation. This happens pretty often. The most common scenario is when an adult child brings in their elderly parent for an estate planning consultation.

In situations where there are others in my office other than just the client, I remind everyone in my office who the client is. I ask my client if they consent to other individuals being in the room. I look to the client to make decisions about their estate planning. I follow my client's directions in preparing the documents.

If the client seems uneasy about the process, I ask others present to leave my office and wait in the reception area. And the client and I talk about what a busybody those in the waiting room are ... no, I am kidding ... we continue on with our conversation about what his or her wishes are with respects to their documents.

*A little legalese education: the testator is the person who is drafting the Will and the settlor is the person who is creating a Living Trust.