Maximizing Capacity of Older Adults

            Attorneys can take steps to build the trust of older clients, allowing them to be at their best during the interview process and bolstering their decision-making ability.  The practitioner should take time to “break the ice.”  Sometimes making a few brief remarks about areas of common interest such as weather, sports, and/or mutual connections may help.  The senior client should be interviewed alone to ensure confidentiality and to build trust.  However, a support person may make the senior client more at ease.  In this situation, the support person should be included in a portion of the interview as an introductory phase.  Many seniors are fearful of losing control of their affairs if they divulge information.  Assure the client that there is confidentiality in the relationship.  Encourage the client to participate to increase a sense of control and confidence.  The practitioner should acknowledge the client’s feelings and words, which will enhance the client’s trust.  Often, the practitioner will spend more time with an older client and may have to conduct business over multiple sessions to increase familiarity and opportunity to build trust, but also because it will give time for the older client to absorb and understand the legal documents or procedures.

Trained attorney can take steps to maximize the capacity of an older client. Some include:
▪ Take the time to “break the ice” and maybe speak about areas of common interest
▪ Interview the client alone to ensure confidentiality and to build trust
▪ Address the confidentiality of the relationship
▪ If the client is more comfortable with a support person, this person may be included for a portion of the interview
▪ An older client should be encouraged to participate as much as possible, therefore the conversation can be directed to the client rather than to the support person

Often it is necessary to spend more time with an older client and multiple sessions to develop the appropriate relationship to aid the older client.  Other aids employed include:

• Minimizing background noise, looking at the client when speaking, speaking slowly and distinctly, using a lower pitch without over-articulating or shouting, and sitting close to the client.  
• Preparing a written summary and follow-up materials.