It’s not every day you get to sit down with someone who dedicates their career to protecting some of our most vulnerable citizens. Today I have the pleasure of chatting with Ted Cook, an elder protection attorney here in sunny San Diego. Ted, thanks for taking the time to speak with me.
What Inspired You to Focus on Elder Protection Law?
Well, it wasn’t a straight path. Early on, I focused on traditional estate planning. But I quickly realized that many seniors were facing situations beyond just wills and trusts. They were vulnerable to financial exploitation, abuse, and neglect. It became clear that someone needed to stand up for them, ensure their rights were protected, and help them navigate complex legal issues. That’s when I knew elder protection law was where I belonged.
Can You Walk Us Through the Process of Protecting an Elder?
- Initial Client Engagement: This is where we build trust and gather essential information. It involves intake consultations, conflict checks, and formalizing our attorney-client relationship through an engagement agreement.
- Case Assessment: We delve deeper into the specific legal issues at hand. This involves identifying the type of abuse or risk (financial, physical, emotional), gathering evidence, and evaluating the urgency of the situation.
- Protective Actions: Depending on the case, we may seek emergency restraining orders, report to Adult Protective Services, initiate guardianship or conservatorship proceedings, or take steps to secure finances.
- Legal Proceedings: If necessary, we can file civil lawsuits for financial abuse, negligence, or personal injury. We may also work with law enforcement in pursuing criminal charges.
- Long-Term Planning: Once immediate threats are addressed, we focus on preventing future abuse through estate planning, advance directives, and ongoing oversight.
Let’s Dive into the “Protective Actions” Step a Bit More.
This stage is often crucial and can involve swift action. Imagine a scenario where an elderly individual is being financially exploited by a caregiver. We might need to immediately freeze bank accounts, prevent unauthorized property transfers, and alert Adult Protective Services to intervene.
“It’s about acting decisively but thoughtfully,” Ted explains. “Our goal is to minimize harm while ensuring the elder’s safety and well-being are prioritized.”
Ted recalls a case where an elderly woman was being pressured into signing over her house to a manipulative relative. “We were able to intervene in time, stop the transfer, and ultimately protect her assets,” he says with a sense of relief.
Has There Ever Been a Challenge With Taking Protective Actions?
Ted nods thoughtfully. “One challenge is that sometimes seniors are hesitant to report abuse or seek help. They may fear retaliation, feel embarrassed, or have cognitive impairments that make it difficult for them to understand the situation fully. In those cases, we need to be patient, build rapport, and advocate for their best interests even if they aren’t fully on board initially.”
“Ted helped my grandmother when she was being taken advantage of by a so-called friend. He was incredibly compassionate and explained everything clearly. I can’t thank him enough for what he did.” – Mary S., La Jolla, CA
“Point Loma Estate Planning APC. saved our family from a nightmare. We were dealing with a complex elder abuse situation, and Ted navigated the legal system expertly while always keeping my father’s well-being at the forefront. They are true heroes.” – John B., Coronado, CA
Looking for Guidance on Elder Protection?
Ted leans forward, his expression earnest. “If you suspect an elder is being mistreated or exploited, don’t hesitate to reach out. We can help assess the situation and explore the best course of action.”
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.
Feeling overwhelmed by estate planning? You’re not alone. With 27 years of proven experience – crafting over 25,000 personalized plans and trusts – we transform complexity into clarity.
Our Areas of Focus:
Legacy Protection: (minimizing taxes, maximizing asset preservation).
Crafting Living Trusts: (administration and litigation).
Elder Care & Tax Strategy: Avoid family discord and costly errors.
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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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