Best Elder Law Lawyers in Dipolog City

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Recososa Law Firm

Recososa Law Firm

30 minutes Free Consultation
Dipolog City, Philippines

Founded in 2020
11 people in their team
English
Tagalog
All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...
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Philippines Elder Law Legal Questions answered by Lawyers

Browse our 7 legal questions about Elder Law in Philippines and the lawyer answers, or ask your own questions for free.

Who has the legal right to own a property: the one with the Tax Dec with the name of the deceased father (still not transferred by other claimants for 20 years) or the one with the copy of Deed of Absolute Sale of the property showing that it was sold by
Estate Planning
Elder Law
Trusts
Based on the facts you provided, here’s a legal analysis comparing ownership rights between:A. The Heirs of the Deceased Father (name on the Tax Declaration),versusB. Your Side (Buyers who possess a Deed of Absolute Sale, paid real property taxes, planted trees, and occupied the land for over 20 years)Legal Principles to Consider1. Tax Declaration (Tax Dec)A Tax Declaration is not proof of ownership; it’s evidence of possession or a claim of ownership.The fact that it still bears the name of the deceased father means no formal transfer of title or succession has occurred.Tax Decs can support claims of ownership, but they don't override a valid deed or actual possession.2. Deed of Absolute Sale (DOAS)A DOAS is proof of a sale and an agreement to transfer ownership.If it is:Validly executed (signed, notarized, by someone with capacity),Relating to the same land in question,And if you have taken possession and paid taxes,then it is strong legal evidence of ownership, even if not yet registered.3. Payment of Real Property TaxesWhile not conclusive proof of ownership, consistent payment supports your claim of open and notorious possession and recognition by the State (LGU).4. Open, Continuous, Exclusive, and Notorious Possession (OCEN)Under the doctrine of extraordinary acquisitive prescription (under civil law, particularly in the Philippines Civil Code), if you have:Possessed the land publicly, peacefully, and in the concept of an owner,Continuously for over 30 years without need of title,then you may acquire ownership by prescription, even if the property is not yet titled.In ordinary prescription, 10 years with just title (like a DOAS) and good faith can suffice.5. Succession LawThe deceased’s heirs are co-owners by succession, but if they’ve taken no steps for 20 years to assert their rights, and the buyers have acted as owners, this may weaken their claim, especially under laches (failure to assert rights timely).Conclusion: Who Has the Stronger Legal Right?You (Buyers / Possessors) have the stronger legal claim if:The Deed of Absolute Sale is valid, showing sale from the deceased to your father.You have paid property taxes continuously.You’ve been in continuous, peaceful, public possession in the concept of an owner for more than 20 years.The other side never asserted their rights or disrupted your possession.If the property is unregistered, your case is even stronger, especially if prescription applies.What You Can Doverify:Validity of the DOAS.Whether prescription has been completed (based on exact years and possession facts).Apply for judicial confirmation of ownership (if Philippine jurisdiction), or start reconstitution and registration process under your name.Gather supporting proof:Tax receipts.Witness statements.Tree planting records or photos.Boundary surveys showing occupation.If you let us know which country this is (e.g., Philippines, Latin America, etc.), we can cite the specific laws that apply to your case.
my mother want to revoke donation of properties to 2 grandchildren
Estate Planning
Family
Elder Law
Will & Testament
You can contact me on WhatsApp: +38970704335I can share my professional opinion to you.Regards,
Will the youngest legal child receive all the beneficiaries of parents?
Probate
Will & Testament
Elder Law
Please contact me (text) via Viber  +38970704335 I answer your question.Regards,Svetislav StojanoskiAttorney at law 

About Elder Law in Dipolog City, Philippines

Elder Law in Dipolog City, Philippines, encompasses a wide range of legal issues affecting the aging population. This field is designed to address the concerns of older individuals and their families, often involving matters related to healthcare, long-term care planning, guardianship, retirement, and estate management. With the growing number of elderly residents in the region, understanding the implications of Elder Law can significantly impact the quality of life for seniors and provide peace of mind for their families.

Why You May Need a Lawyer

Elder Law is specialized and can be complex, often intersecting with other areas of law. You may need a lawyer in situations such as:

  • Planning for future healthcare and making decisions about medical directives
  • Establishing a power of attorney to manage affairs in the event of incapacity
  • Navigating long-term care options, including understanding rights in nursing homes
  • Creating wills and trusts for estate planning to ensure the appropriate distribution of assets
  • Addressing elder abuse or exploitation, whether financial, emotional, or physical
  • Handling complex guardianship or conservatorship issues when aging relatives can no longer make decisions for themselves

Local Laws Overview

In Dipolog City, Elder Law is influenced by both national Philippine laws and specific regional policies. Key aspects include:

  • Republic Act No. 9994 - Expanded Senior Citizens Act of 2010: Provides benefits and privileges to senior citizens, including discounts on goods and services and protection from abuse.
  • Nursing Home Regulations: Standards for facilities offering long-term care to elderly residents ensure a safe and supportive environment.
  • Legal Capacity and Guardianship: Laws governing the appointment of guardians for elders who are incapacitated, focusing on the best interest of the senior citizen.
  • Healthcare Decisions: Local policies govern how seniors can make advance directives concerning their healthcare preferences.

Frequently Asked Questions

What is Elder Law?

Elder Law is a legal practice area focused on issues affecting the elderly, covering aspects like healthcare, estate planning, and guardianship.

How can I protect my elderly parent's assets?

Consult with an Elder Law attorney to develop a comprehensive estate plan, including wills, trusts, and possibly a power of attorney to manage assets effectively.

What steps should I take if I suspect elder abuse?

Immediately report any suspected abuse to local authorities and seek legal advice to ensure the safety and protection of the elderly individual involved.

What benefits are senior citizens entitled to in the Philippines?

Senior citizens in the Philippines receive various benefits, such as discounts on goods, priority service in public and private offices, and healthcare privileges.

Do I need an attorney to draft a will?

While not legally required, having an attorney draft or review a will can ensure that it meets all legal formalities and truly reflects your intentions.

Is there a government office that assists with elder issues?

The Department of Social Welfare and Development (DSWD) provides various programs and resources to assist seniors and their families in the Philippines.

How can I establish a healthcare directive for an elder?

Consult with an Elder Law attorney to draft a legally binding healthcare directive that clearly communicates the elder's medical care preferences.

What is the process for appointing a legal guardian for an elder?

The process typically involves filing a petition in court, providing evidence of incapacity, and demonstrating the need for guardianship for the elder's welfare.

Can I change a will after it's written?

Yes, wills can be amended or completely rewritten as circumstances change; however, it's wise to consult with a lawyer when doing so to avoid legal complications.

Are there attorneys who specialize in Elder Law in Dipolog City?

Yes, there are legal professionals in Dipolog City specializing in Elder Law. They can provide expert guidance on elder-specific legal matters.

Additional Resources

In addition to legal counsel, several resources can assist with Elder Law issues in Dipolog City:

  • Department of Social Welfare and Development (DSWD): Offers various services and programs to support senior citizens.
  • Local Senior Citizen's Centers: Provides a hub for resources, events, and assistance for seniors and their families.
  • Philippine Health Insurance Corporation (PhilHealth): Offers senior citizen insurance coverage for primary healthcare needs.
  • Civic organizations and NGOs: Often provide support services, advocacy, and assistance with legal matters involving the elderly.

Next Steps

If you require legal assistance in Elder Law, consider the following steps:

  1. Identify the specific legal needs or concerns related to your situation.
  2. Research and contact local Elder Law attorneys who can provide specialized advice and representation.
  3. Gather all relevant documents and information to facilitate a clear understanding and effective consultation.
  4. Consider scheduling initial consultations with multiple law firms to find the best fit for your needs and circumstances.
  5. Utilize government resources or non-profit organizations for additional support and information if needed.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.