Hello everyone, and welcome to today’s discussion on elder protection. I’m thrilled to be joined by Ted Cook, an Elder Protection Attorney right here in sunny San Diego. Ted, thanks for taking the time to chat with me.
What inspired you to focus your legal career on elder protection?
It’s a pleasure to be here. Honestly, I was always drawn to helping people who are vulnerable. Seeing firsthand how easily seniors can become targets of abuse or neglect ignited a passion in me to fight for their rights and well-being.
Can you walk us through the typical process involved in elder protection cases?
- Initial Client Engagement: This is where we meet with the senior, assess their situation, and make sure there are no conflicts of interest. It’s crucial to build trust and understand their unique needs.
- Case Assessment: We delve into the specific legal issues at hand – financial exploitation, physical abuse, neglect, etc. Gathering evidence is paramount in these cases.
- Protective Actions: This could involve seeking restraining orders, notifying Adult Protective Services (APS), or even pursuing guardianship if necessary. Our goal is to ensure immediate safety and well-being.
- Legal Proceedings: Depending on the case, we may file civil lawsuits for damages or work with law enforcement on criminal charges.
- Long-Term Planning: Once the immediate crisis is addressed, we help seniors create estate plans, advance directives, and put safeguards in place to prevent future exploitation.
Let’s dive deeper into Case Assessment. What are some of the key elements involved?
Case assessment is like building a puzzle. We start by identifying the specific type of abuse or risk the senior is facing. Is it financial exploitation, physical abuse, emotional neglect, or something else?
Next, we carefully gather evidence. This can involve interviewing the client and potential witnesses, requesting medical and financial records, and even collecting physical evidence like surveillance footage. We need a clear picture of what happened and who is responsible.
>“Ted helped my mother navigate a very difficult situation with her caretaker. He was patient, understanding, and truly advocated for her best interests.” – Mary S., La Jolla
“The risk evaluation stage is critical,” Ted continues. “We determine the urgency of the situation, assess the severity of the threat, and decide whether immediate intervention is necessary. Sometimes, a restraining order or notifying APS is essential to protect the senior from further harm.”
“One case that comes to mind involved a senior who was being financially exploited by her own family member. They were siphoning money from her accounts and isolating her from her friends and support system. We had to act quickly to freeze the assets, file for guardianship, and ensure she received proper care.”
>“I never thought I’d need an elder protection attorney, but when my father was diagnosed with dementia, it became clear that he needed someone looking out for him. Ted and his team were lifesavers.” – David T., Point Loma
Ted, any parting words for our readers?
Remember, seniors are among the most vulnerable members of our community. If you suspect elder abuse or neglect, please don’t hesitate to reach out. I’m always here to help seniors and their families navigate these challenging situations.
Let me know if there’s anything else we can discuss!
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).
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If you have any questions about:
What are the rights of seniors regarding access to their medical records?
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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