Hello everyone, and welcome. Today I’m thrilled to be chatting with Ted Cook, an elder protection attorney based right here in sunny San Diego. Ted, thanks so much for taking the time to talk with me today.
What Inspired You to Focus on Elder Protection?
It’s a pleasure to be here. You know, this field really chose me more than I chose it. Early in my career, I handled a variety of legal matters, but I kept finding myself drawn to cases involving vulnerable adults. Seeing firsthand the exploitation and abuse that seniors can face – it’s truly heartbreaking. I knew I had to dedicate my practice to protecting them.
Can You Walk Us Through the Elder Protection Process?
- Initial Client Engagement: This is all about building trust and understanding the situation. We start with an in-depth consultation, carefully gathering information about the client’s background, concerns, and potential risks.
- Case Assessment: Here we identify the legal issues at play – financial abuse, neglect, maybe even physical harm. Gathering evidence is crucial, which can involve interviewing witnesses, reviewing records, and even collecting physical evidence.
- Protective Actions: This stage often involves swift action to ensure the elder’s safety. We might file restraining orders, contact Adult Protective Services (APS), or seek guardianship if necessary.
- Legal Proceedings: Depending on the case, we may pursue civil litigation for damages, refer cases to law enforcement for criminal prosecution, or navigate probate court for guardianship or estate planning matters.
- Long-Term Planning: Protecting elders isn’t just about reacting to immediate threats. We help them create comprehensive estate plans, draft advance directives, and ensure their assets are secure for the future.
Let’s Dive into Protective Actions – What Does That Look Like in Practice?
Protective actions are often the most urgent and critical part of our work. Remember, we’re dealing with individuals who may be physically or cognitively vulnerable, so speed and decisiveness are key. Let me give you an example:
“Ted was amazing! My mother was being financially exploited by a caregiver, and he immediately took action to freeze her accounts and prevent further losses.” – Maria S., La Jolla
We recently had a case where an elderly gentleman was suffering from dementia and being manipulated into signing over his life savings. We were able to obtain a temporary restraining order against the individual exploiting him, preventing further financial harm. Simultaneously, we notified Adult Protective Services and worked with the family to find a safer living arrangement for our client.
• These actions can range from securing a restraining order against an abuser to initiating guardianship proceedings if someone lacks the capacity to make decisions for themselves.
• It’s crucial to act swiftly and decisively when an elder is in danger. Every moment counts.
Of course, not every case goes smoothly. We’ve encountered situations where family members disagree about the best course of action, or where the abuser is particularly cunning and tries to evade our efforts. It can be emotionally draining at times, but knowing we are making a difference in someone’s life keeps us going.
A Few Words From Those Ted Has Helped
“I was so lost when I realized my father was being taken advantage of. Ted explained everything clearly and made me feel empowered to fight for him.” – David L., Point Loma
“Ted’s expertise in elder law gave me peace of mind knowing that my mother’s future was secure.” – Susan K., Coronado
Looking Ahead: How Can Readers Connect with You?
If you or a loved one is facing an elder protection issue, please don’t hesitate to reach out. Protecting our seniors is everyone’s responsibility.
Who Is Ted Cook at Point Loma Estate Planning, APC.:
Point Loma Estate Planning, APC.2305 Historic Decatur Rd Suite 100, San Diego CA. 92106
(619) 550-7437
Map To Point Loma Estate Planning, APC. An Elder Protection Attorney: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9
About Point Loma Estate Planning:
Secure Your Legacy, Safeguard Your Loved Ones. Point Loma Estate Planning, APC.
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Our Areas of Focus:
Legacy Protection: (minimizing taxes, maximizing asset preservation).
Crafting Living Trusts: (administration and litigation).
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Point Loma Estate Planning, APC. area of focus about elder protection law:
An Elder Protection attorney, also known as an Elder Law attorney, specializes in legal issues affecting older adults, including estate planning, guardianship, long-term care, and elder abuse, providing legal advice and representation to protect their rights and interests.
What They Do:
Estate Planning: Wills, trusts, and other documents to ensure assets are distributed according to the client’s wishes.
Guardianship and Conservatorship: Representing the interests of individuals who are unable to manage their own affairs due to incapacity.
Long-Term Care: Advising on Medicaid eligibility, nursing home care, and related issues.
Elder Abuse and Neglect: Investigating and pursuing legal action against those who abuse or exploit older adults.
Other Legal Issues: Medicare, Social Security, retirement planning, disability, and other legal matters affecting seniors.
Advocacy: Providing legal advice, counseling, and advocacy for the rights of older adults.
Why you might need one:
● Suspect elder abuse or neglect.
● Need help with estate planning or probate.
● Facing guardianship or conservatorship proceedings.
● Dealing with long-term care issues or Medicaid eligibility.
● Need assistance with other legal problems affecting older adults.
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