Hello everyone and welcome back to the show. Today I’m joined by Ted Cook, an Elder Protection Attorney right here in sunny San Diego. Ted is passionate about safeguarding our vulnerable seniors from financial abuse, neglect, and other forms of exploitation. Let’s dive into this crucial topic.
What sparked your interest in Elder Law?
It’s a field that truly touches my heart. I’ve always been drawn to social justice issues, and seeing the increasing vulnerability of our aging population motivated me to specialize in protecting them. It’s heartbreaking to witness seniors being exploited by unscrupulous individuals who prey on their trust and frailties.
Can you walk us through the basic steps involved in Elder Protection?
It’s a multi-faceted process that begins with initial client engagement, followed by a thorough case assessment. We then take protective actions based on the specific needs of our clients, which may involve legal proceedings and long-term planning.
Finally, we strive for case resolution and follow-up to ensure the ongoing safety and well-being of our senior clients.
- Initial Client Engagement
- Intake & Consultation
- Conflict Check
- Engagement Agreement
- Case Assessment
- Legal Issue Identification
- Evidence Collection
- Risk Evaluation
- Protective Actions
- Emergency Legal Remedies
- Financial Protections
- Healthcare and Living Arrangements
- Legal Proceedings
- Civil Litigation
- Criminal Proceedings
- Probate & Guardianship Court
- Long-Term Planning
- Estate Planning
- Advance Directives
- Ongoing Oversight
- Case Resolution & Follow-Up
- Settlement or Judgment Enforcement
Let’s delve deeper into “Protective Actions”. What are some common strategies you employ in this stage?
During the Protective Action phase, we prioritize our client’s immediate safety and security. This often involves seeking emergency legal remedies such as restraining orders or protective orders against individuals posing a threat. We may also notify Adult Protective Services (APS) to investigate potential abuse or neglect.
In cases where a senior is unable to manage their own affairs due to cognitive impairment, we might pursue guardianship or conservatorship to ensure they have proper care and financial oversight.
“Ted Cook helped my mother navigate a complex situation involving potential financial exploitation by a caregiver. He was incredibly patient, compassionate, and knowledgeable, protecting her assets and ensuring her well-being.” – Susan K., La Jolla, CA
“I can’t thank Ted enough for helping me understand the legal options available to protect my aging father. He provided clear guidance and support during a difficult time.” – David M., Point Loma, CA
There was one instance where a client, let’s call him Mr. Jones, was being pressured by his own son into signing over ownership of his house. It turned out the son had mounting debts and planned to sell the property without Mr. Jones’ knowledge. We intervened quickly, obtaining a temporary restraining order that prevented the transfer.
Ultimately, we were able to work with Adult Protective Services and establish a conservatorship for Mr. Jones, safeguarding both his home and finances.
Ted, any last words for our readers?
Remember, if you have concerns about an elderly loved one being abused, neglected, or financially exploited, don’t hesitate to reach out for help. You are not alone. My team at Point Loma Estate Planning APC is dedicated to advocating for the rights and well-being of seniors in our community.
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).
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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