Hello everyone, I’m Penelope Pierce, and today we have the pleasure of speaking with Ted Cook, an elder protection attorney here in sunny San Diego. Ted, thank you so much for taking the time to chat with me.
So Ted, what inspired you to specialize in Elder Protection?
Well Penelope, it’s a deeply rewarding field. I see firsthand how vulnerable our seniors can be and I’m driven by a strong desire to protect them from abuse and exploitation. It’s about ensuring they have the dignity and respect they deserve during their golden years.
Can you walk us through the process of Elder Protection? What are some key steps involved?
- Initial Client Engagement: This crucial stage involves gathering information, assessing the client’s situation, and establishing a clear attorney-client relationship.
- Case Assessment: Identifying the specific legal issues at play, collecting evidence, and evaluating the risks involved are essential.
- Protective Actions: Taking swift action to safeguard the elder, such as obtaining restraining orders or freezing financial accounts.
- Legal Proceedings: Pursuing civil litigation or criminal charges against abusers if necessary.
- Long-Term Planning: Helping elders create estate plans and advance directives to protect their assets and ensure their wishes are respected in the future.
Let’s delve into Protective Actions. Can you elaborate on what that stage entails?
Protective Actions are often the most urgent part of the process. We need to act quickly to prevent further harm. This could involve filing for a restraining order against an abuser, notifying Adult Protective Services (APS) about suspected abuse, or even seeking guardianship or conservatorship if the elder is unable to make decisions for themselves.
It’s crucial to remember that every case is unique. The specific actions we take will depend on the individual circumstances of the elder and the nature of the abuse.
Were there any particular challenges you faced while implementing Protective Actions?
One case comes to mind where a family member was exploiting their elderly parent financially. The abuser was very controlling and manipulative, making it difficult to gather evidence. It took careful planning and strategic legal maneuvers to break through their defenses and protect the vulnerable elder.
Ultimately, our goal in Protective Actions is to stop the abuse and put safeguards in place to prevent it from happening again. It’s about empowering elders and giving them back control over their lives.
Ted, for anyone reading who might be concerned about an elder in their life, what advice would you give them?
Don’t hesitate to reach out for help. There are resources available, such as Adult Protective Services (APS) and elder law attorneys who can provide guidance and support. Remember, you are not alone.
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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