Today we’re talking with Ted Cook, an elder protection attorney practicing in the beautiful San Diego area. Ted, thanks for taking the time to chat with me.
What sparked your interest in elder protection law?
Well, it wasn’t one specific “aha” moment. Early in my career, I handled a few cases involving seniors who were vulnerable and being taken advantage of. It really opened my eyes to the unique challenges this population faces.
Seeing firsthand how easily someone’s life savings could be depleted or their wellbeing compromised ignited a passion in me. I wanted to use my legal skills to empower seniors and ensure their voices are heard, their rights protected.
Could you walk us through the typical process of elder protection?
Certainly. Think of it as a multi-stage approach. It starts with “Initial Client Engagement.” This involves an initial consultation where we get to know the client, understand their situation and concerns. We’ll gather background information, assess their mental and physical capacity.
Next is crucial: a conflict check. We need to make sure there are no conflicts of interest before proceeding. After that comes the “Engagement Agreement” where we formally establish the attorney-client relationship.
Let’s delve into “Protective Actions.” What are some examples within this stage?
This is where things get quite proactive. Depending on the urgency and severity of the situation, we might need to seek immediate legal remedies.
- A restraining order against an abusive caregiver could be necessary.
- Reporting suspected elder abuse to Adult Protective Services (APS) is often vital.
- In cases of severe incapacity, we may petition the court for guardianship or conservatorship.
“Financial Protections” are also a key part of this stage. This could involve freezing accounts to prevent further exploitation, revoking powers of attorney if they’re being misused, or preventing unauthorized property transfers.
Have there ever been challenges during the “Protective Actions” phase?
Oh, absolutely. One case involved a client who had dementia and was being financially exploited by a family member. The abuser was denying access to the client’s accounts and refusing to cooperate. It took persistent legal maneuvering, including subpoenas and court orders, to finally gain control of the situation and protect the client’s assets.
“There was another instance,” Ted continues, “where we had to quickly relocate a senior from an abusive care facility. The staff was neglecting their basic needs. It was heartbreaking, but working with APS and finding a safe alternative living arrangement for the client brought immense relief.”
What do past clients have to say about Point Loma Estate Planning APC and your work?
“Ted Cook is a true advocate for seniors. He helped me navigate a complex situation with my mother’s finances, ensuring she was protected from exploitation.” – Maria S., La Jolla
“I highly recommend Point Loma Estate Planning. They were compassionate and knowledgeable throughout the entire process of setting up my father’s guardianship. We felt supported every step of the way.” – John L., Mission Hills
“Ted Cook is a true advocate for seniors. He helped me navigate a complex situation with my mother’s finances, ensuring she was protected from exploitation.” – Maria S., La Jolla
“I highly recommend Point Loma Estate Planning. They were compassionate and knowledgeable throughout the entire process of setting up my father’s guardianship. We felt supported every step of the way.” – John L., Mission Hills
Ted, do you have any final thoughts for our readers?
“If you or a loved one are concerned about elder abuse or exploitation, please don’t hesitate to reach out. Early intervention is crucial. You don’t have to go through this alone. There are legal resources and support available.”
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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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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