Why can’t I come in?

Written by Kearney Coffin | Wills, Trusts, Tax and Probate team | 7 August 2023

Writing a Will or Power of Attorney can sometimes be a daunting time and many families come along to an appointment to support a loved one, only to find themselves being left in a waiting room.

There are lots of reasons why you might be asked to leave a meeting or stay in a waiting room whilst a relative is seen alone by their lawyer. This is usually in their best interests as well as yours and nothing to be worried about. Here are some of the common reasons your relative might need to be seen alone:

Valid Instructions

Your relative may want to prepare a legal document which you are fully aware of and which you may have even discussed. But for many legal documents, it is vital the lawyer sees your relative alone to avoid any issues which could invalidate the document. Being seen alone helps to minimise the risk of accusations that your relative was influenced or pressured into making a legal document.

Understanding

Your relative might have discussed what they were intending to do with you, but lawyers who deal with elderly or vulnerable clients have a special responsibility to make sure the client really understands what they are doing. This can sometimes be difficult and a good lawyer will want to treat clients with dignity and respect to make sure they have the time to assess and record this properly without any input from anyone else.

Confidentiality

Lawyers have a professional duty to keep information confidential. This means that lawyers cannot share information with anyone except their client without informed consent. It is important that lawyers have an opportunity to speak with their client privately, in case there are any specific issues they wish to discuss confidentially.

Conflicts of Interest

Lawyers also have a professional duty to avoid conflicts of interest. When families come in together, there can be several different parties who have different interests and if a conflict arises, a lawyer may have to stop acting. It is therefore important, especially for Wills and Powers of Attorney which are personal to the person making them, that the lawyer sees the person making the documents alone to confirm their instructions. 

If one of your relatives wishes to put a Will or Power of Attorney in place but is concerned about being seen alone, please call us on 01752 827067 or email wills@nash.co.uk. Our experts will be happy to assist in preparing legal documents whilst providing all the support and guidance needed through the process.