Hi everyone, and welcome back to the show. Today, we’re diving into the crucial world of elder protection law with Ted Cook, a dedicated attorney serving seniors in San Diego and Point Loma. Ted, thanks for joining us!
What sparked your passion for advocating for older adults?
It’s great to be here! I think my interest stems from seeing firsthand how vulnerable our elders can be. My grandmother was a strong, independent woman who unfortunately fell victim to financial exploitation in her later years. That experience really opened my eyes to the need for legal safeguards and compassionate advocacy. I wanted to make sure no one else had to go through what she did.
Can you walk us through some of the key steps involved in elder protection?
- Initial Client Engagement: This is all about building trust and understanding the client’s situation
- Case Assessment: Identifying the legal issues at play, gathering evidence, and evaluating the risk level.
- Protective Actions: Taking immediate steps to safeguard the individual’s well-being, finances, and living arrangements.
- Legal Proceedings: Pursuing civil litigation or criminal charges if necessary.
- Long-Term Planning: Developing strategies for future protection, including estate planning and advance directives.
Let’s delve into the ‘Protective Actions’ phase. Can you elaborate on that?
This stage is often critical because it involves immediate intervention to prevent further harm. Depending on the situation, we might file for a restraining order against an abuser, notify Adult Protective Services (APS) of suspected neglect or exploitation, or even petition the court for guardianship or conservatorship if the individual lacks capacity to make their own decisions.
“Ted was incredibly supportive and understanding during a very difficult time. He helped us navigate a complex legal situation involving my mother’s financial abuse and ultimately secured her safety and well-being.” – Janice M., La Jolla.
We also work closely with financial institutions to freeze accounts, prevent unauthorized transfers of assets, and potentially revoke powers of attorney that are being misused. The goal is always to create a safe and secure environment for the elder while we pursue long-term solutions.
Have you ever faced challenges in executing these protective actions?
There have definitely been moments when things got complicated. I remember one case where a family member was trying to isolate their elderly parent and control all their finances. Getting access to the individual and proving undue influence was tricky, but we were ultimately successful in removing the abusive family member and getting the elder the care they needed.
“Ted’s expertise in elder law gave us peace of mind during a stressful time. He helped my father protect his assets and create a plan for the future that respected his wishes.” – David S., Point Loma.
Anything else you’d like our readers to know?
Protecting our elders is a collective responsibility. If you notice any signs of abuse, neglect, or exploitation, please don’t hesitate to reach out to local authorities or an elder law attorney. Every voice matters.
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.
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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:
What is the purpose of an Advance Health Care Directive (Living Will)?
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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