Hello everyone and welcome back to “Protecting Our Seniors.” I’m thrilled today to be joined by Ted Cook, an elder protection attorney right here in beautiful San Diego.
Ted, thanks so much for taking the time to chat with me. Can you tell us a bit about what sparked your passion for elder law?
Well, it wasn’t necessarily one specific “aha” moment, but rather a gradual realization during my legal career. I saw firsthand how vulnerable older adults can be to exploitation and abuse, whether financial, physical, or emotional. It really hit home that someone needed to stand up for them and ensure their rights were protected. That’s what drives me every day.
Let’s delve into the process of elder protection. Can you outline the key steps involved?
- A. Initial Client Engagement: This is where it all begins, with intake and consultation to understand the client’s situation and needs, followed by a conflict check and engagement agreement.
- B. Case Assessment: Identifying the legal issues at hand, collecting evidence, and evaluating the risks involved.
- C. Protective Actions: Taking immediate steps to ensure the elder’s safety, such as restraining orders, financial protections, or healthcare adjustments.
- D. Legal Proceedings: Pursuing civil litigation, criminal charges, or probate matters depending on the circumstances.
- E. Long-Term Planning: Helping clients establish estate plans, advance directives, and ongoing support systems to prevent future problems.
- F. Case Resolution & Follow-Up: Ensuring settlements are enforced, legal outcomes are communicated, and case files are archived properly.
Ted, I’m curious about “Protective Actions.” Could you expand on the different types of measures you might take to safeguard an elder?
Absolutely. This step is crucial because it often involves immediate intervention to prevent further harm. For example, if we suspect financial exploitation, we might freeze bank accounts or petition for a guardianship to manage the elder’s finances responsibly. If there’s physical abuse occurring, we’ll work with Adult Protective Services and potentially seek restraining orders against the abuser.
>“Ted helped my mother navigate a complicated situation with her caregiver who was taking advantage of her. He knew exactly what steps to take to protect her finances and ensure she received proper care. We are so grateful for his expertise.” – Sarah M., La Jolla
In cases of neglect or endangerment, we might coordinate with social workers and medical professionals to secure safer living arrangements for the elder.
“I was feeling overwhelmed trying to deal with my father’s dementia and the legal implications. Ted was patient, understanding, and explained everything clearly. He helped me get guardianship so I could make decisions that were in his best interest.” – John D., Point Loma
Have you ever encountered any challenges during this “Protective Actions” phase?
Certainly. Sometimes the abuser is a family member, which can create emotional complexities and resistance. There was one case where a son was financially exploiting his elderly mother, but he refused to cooperate. It took persistent legal action and collaboration with Adult Protective Services to finally get him out of the picture.
>“Ted’s knowledge and compassion are invaluable. He helped me protect my grandmother from financial abuse and ensured she could live her remaining years with dignity.” – Maria L., Mission Beach
It was a difficult situation, but ultimately we were able to safeguard the mother’s assets and ensure she received proper care.
Ted, for anyone out there who might be concerned about an elder in their life, what’s the best way to reach out?
If you suspect an elder is being abused or exploited, don’t hesitate. Reach out to a qualified elder protection attorney like myself. We can help you understand your options and take steps to protect your loved one.
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:
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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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