Today, we have the pleasure of speaking with Ted Cook, an elder protection attorney based in sunny San Diego. Ted, thanks for taking the time to chat with us.
What drew you to the field of Elder Protection Law?
Ted chuckles, “Well, I think it’s a combination of factors. My grandmother faced some challenging situations in her later years, and seeing that firsthand ignited a passion in me to help protect vulnerable seniors. There’s something incredibly rewarding about advocating for those who might not be able to advocate for themselves.”
Can you walk us through the steps involved in Elder Protection?
- Initial Client Engagement: This crucial first step involves gathering information, assessing the client’s situation, and establishing a clear attorney-client relationship.
- Case Assessment: Identifying the legal issues at play and evaluating the evidence are essential for developing a strong case strategy.
- Protective Actions: Taking immediate steps to safeguard the elder’s well-being, which may include obtaining restraining orders or freezing financial accounts.
- Legal Proceedings: Pursuing civil litigation against abusers or initiating criminal proceedings if warranted.
- Long-Term Planning: Working with clients and their families to create estate plans, advance directives, and ongoing support systems.
Ted, let’s dive deeper into the “Protective Actions” stage. Can you elaborate on that process?
Ted nods thoughtfully, “This is where we shift from investigation to active intervention. We prioritize the immediate safety and well-being of the elder. Depending on the situation, this might involve:
- Filing for a restraining order or protective order against an abuser.
- Notifying Adult Protective Services (APS) to initiate their investigation.
- Seeking guardianship or conservatorship if the elder lacks the capacity to make decisions for themselves.
“We also work closely with financial institutions to freeze accounts, prevent unauthorized withdrawals, and potentially revoke powers of attorney that are being used for exploitative purposes.” Ted explains.
“Sometimes,” he adds, “we need to act quickly to protect assets or prevent further harm. There have been instances where we’ve had to intervene within hours to stop a caregiver from misappropriating funds or moving an elder out of their home without consent.”
>“Ted helped me navigate a very difficult situation with my mother, who was being financially exploited by a trusted friend. He was incredibly compassionate and understanding, and he fought tirelessly to protect her assets.” – Maria S., San Diego.“Point Loma Estate Planning APC is truly a lifesaver. They helped my grandfather get the medical care he needed when his family was unable to provide it. I’m so grateful for their expertise and dedication.” – David L., La Jolla
What advice would you give to someone who suspects elder abuse?
“Don’t hesitate to reach out for help. There are resources available, like Adult Protective Services and elder law attorneys, who can provide guidance and support. Trust your instincts – if something doesn’t seem right, it probably isn’t.”
If you or someone you know is facing a situation involving elder abuse or exploitation, remember that help is available. Reach out to Ted Cook at Point Loma Estate Planning APC for a confidential consultation. They are dedicated to protecting our elders and ensuring their well-being.
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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