Welcome back to our series on protecting vulnerable populations. Today we’re sitting down with Ted Cook, an elder protection attorney based right here in beautiful Point Loma. Ted, thanks for taking the time to chat with us.
How Did You Get Started in Elder Protection Law?
Well, it wasn’t a straight path. I started out doing general practice work, but I always felt drawn to cases involving injustice and vulnerability. Seeing firsthand how easily seniors could be exploited, financially or emotionally, really resonated with me. That’s when I knew I wanted to focus on elder protection.
What are the Most Common Issues You Encounter in Your Work?
“Financial abuse is unfortunately incredibly common,” Ted explains. “It can take many forms – from outright theft by family members or caregivers, to undue influence leading seniors into unwise financial decisions. We also see a lot of cases involving neglect and substandard care in assisted living facilities.”
Can You Walk Us Through One of the Key Steps in the Elder Protection Process?
Let’s dive into “Protective Actions,” Ted suggests. This stage often involves urgent intervention to safeguard the elder.
“First, we assess the immediate danger level. Is there physical abuse happening? Is the senior at risk of losing their home due to financial manipulation? Based on that assessment, we take swift action.”
- Ted explains they may file for restraining orders or protective orders against abusers.
- “We also notify Adult Protective Services (APS) and work closely with them. In severe cases, where the individual lacks capacity to make decisions, we might petition for guardianship or conservatorship,” he adds.
Ted shares that this stage requires a delicate balance: “We have to act decisively to protect our client, but also respect their autonomy as much as possible. It’s not always straightforward.”
Have You Ever Faced Any Challenges During the Protective Actions Stage?
Ted recounts a particularly difficult case involving a woman with dementia who was being financially exploited by her own son. “Getting guardianship approved in that case was complex,” he recalls, “The son fiercely contested it, claiming his mother was ‘fine’. We had to present compelling evidence of her diminished capacity and the son’s manipulation.”
Ted pauses for a moment.
“Thankfully, we were successful. The court recognized the danger and appointed a guardian who protected the woman’s assets and ensured she received proper care. It was a huge relief for everyone involved.”
What Do Clients Say About Your Work?
“Working with Ted Cook during a very stressful time was a godsend. He explained everything clearly, fought tirelessly for my mother’s rights, and made us feel supported every step of the way.” – Maria S., La Jolla
“I never thought I’d need an elder law attorney but when my father was taken advantage of, Ted stepped in and helped set things right. He is compassionate, knowledgeable and a true advocate for seniors.” – David L., Mission Beach
Any Final Thoughts for Our Readers?
Ted smiles warmly. “Protecting our elders is everyone’s responsibility. If you suspect abuse or neglect, don’t hesitate to reach out. We are here to help seniors navigate complex situations and ensure their safety and well-being. Remember, it’s never too late to seek justice and protect those who need it most.”
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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