The closest attorney is 200 miles away, not a problem for me, but mom can't travel that far. I have been advised (on Avvo and elsewhere) that an Elder Law attorney is needed ASAP to address multiple issues with her estate that could soon have potential serious consequences. Mom, siblings and I have no disagreements; this is about her protection and peace of mind about her future. I have been designated as the one to find the legal help we need.
An ethical issue for the attorney in meeting with you, without your mother being present, arises in determining who is their client. We can't just take the family's word that mom wants help. For practical as well as ethical reasons most elder law attroneys will want to represent your mother and they cannot begin that engagement unless they can meet with her to determine whether she has the capacity and the desire to hire them, or as as Ivette points out, you have her power of attorney that authorizes you to retain an attorney on her behalf and to disclose information to that attorney. With technology these issues can be addressed. If the attorney is willing to represent you instead of your mother, then they can meet with you all day long, it just becomes an issue of how the attorney's recommendations are to be carried out (particularly if you don't have her POA) and to whom they owe their loyalties.
Responses provided on Avvo are for general informational purposes only, based upon the limited information that is provided, and do not constitute legal advice. As such you should consult with your own attorney for specific advice. No attorney/client relationship exists with Kelly S. Davis unless set forth in a written engagement letter. The Wyoming State Bar does not certify any attorney as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
It wouldn't hurt to meet with an Elder Law attorney for a consultation. You are trying to be pro-active and help your mother. See 'Find-A-Lawyer' at the top of this page. Good Luck to both you and your Mom.
My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.
It sounds like it is actually a necessity for your family. You may also want to include the possibility of the attorney travelling to work with mom when you meet for an initial consult.
Do you have your Mother's Power of Attorney [POA]? If yes, and the POA authorizes you to retain counsel on her behalf that will help. If not, and she is mentally competent and willing, you can get a Durable POA that includes the power to retain counsel.
Also, with the age of technology we live in, many attorney's use SKYPE to have face to face with clients that are too far or unable to travel. Inquire if the attorney uses SKYPE.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline