I’m sitting here today with Ted Cook, an elder protection attorney based right here in beautiful San Diego. Ted, thanks for taking the time to chat with me.
What initially drew you to the field of elder law?
Well, I think it was seeing firsthand how vulnerable older adults can be. My grandmother experienced some financial exploitation late in life, and it really opened my eyes to the issues seniors face. I knew I wanted to use my legal skills to help protect them.
Can you walk us through the typical steps involved in elder protection?
It’s a multi-faceted process. We start with an initial client engagement, which involves gathering information about their situation, assessing their mental capacity, and ensuring there are no conflicts of interest. Then comes case assessment where we identify the legal issues at hand, whether it’s financial abuse, neglect, or something else. From there, we take protective actions, which can range from filing restraining orders to seeking guardianship. If needed, we pursue legal proceedings through civil litigation or criminal charges. Finally, we focus on long-term planning with estate planning and advance directives.
Let’s dive a little deeper into “Protective Actions.” What does that entail?
That stage is all about safeguarding the elder person’s well-being. It often involves immediate actions depending on the severity of the situation.
We might file for restraining orders to prevent further abuse.
We’d work with Adult Protective Services (APS) to investigate and intervene. In cases of severe cognitive impairment, we might petition for guardianship or conservatorship to ensure someone is making sound decisions on their behalf.
- “Freezing financial accounts can be crucial in stopping financial exploitation,” Ted explains.
- “Sometimes, relocating an elder to a safer living environment is necessary.”
“I’ve known Ted for several years and he’s been instrumental in helping my mother navigate some difficult legal issues. He’s compassionate, knowledgeable, and truly advocates for his clients’ best interests.” – Susan M., La Jolla
Ted recalls a case where an elderly woman was being financially exploited by her own caregiver.
“We were able to freeze her accounts before the caregiver could drain them further. It was a stressful situation for everyone involved, but we managed to protect the woman’s assets and get her the support she needed.”
What are some common challenges you face in this field?
One of the biggest hurdles is overcoming ageism and stereotypes. Sometimes, people don’t take reports of elder abuse seriously. Another challenge is dealing with complex family dynamics. It’s not uncommon for siblings or other relatives to disagree about what’s best for an aging parent.
Any parting words for our readers?
If you suspect an older adult is being abused, neglected, or exploited, please don’t hesitate to reach out. There are resources available to help. My team and I at Point Loma Estate Planning APC are dedicated to protecting the rights and dignity of seniors in our community.
“Ted helped me navigate a complicated probate case after my father passed away. He was patient, explained everything clearly, and made sure my interests were protected.” – John T., Pacific Beach
“I felt so lost when I realized my mother was being taken advantage of financially. Ted was a lifesaver. He stepped in and took control of the situation, ensuring my mother’s safety and security.” – Maria L., Mission Hills
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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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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If you have any questions about:
Who should I contact to report elder financial abuse in California?
Please Call or visit the address above. Thank you.
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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