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Fiji Elder Law Legal Questions answered by Lawyers
Browse our 1 legal question about Elder Law in Fiji and the lawyer answers, or ask your own questions for free.
- Land Issue
- Good afternoon, and thank you for the query. You have identified a number of issues with your synopsis. It will be hard to get around getting things done without the Aunt’s signature, and makes things harder if you are not in contact with her. Essentially, the Aunt will need to get a probate issued for the deceased Uncle’s estate, before being able to deal with the 1/3 share in any manner whatsover (her name is not on the title, as you said). The probate will still be needed even if you were selling the lots with the Aunt. Again, with the Aunt being more than 80 years old, the probate under the name of the deceased Uncle ought to be expedited. The following needs to happen:Locate the Aunt;Check whether there was a will created by the deceased Uncle (wills make things easlier);Discuss the issuance of a probate. In case there was no will then the 1/3 share of the property falls within the estate of the deceased Uncle and so, you will need to identify the ‘issues’ of the children of the Uncle as they would then have a share;If (3) does not apply then, you may consider buying the 1/3 share from the Aunt after taking out a probate or make an arrangement to pay her from the proceeds of sale or any other suitable arrangement. For legal work, you will need a lawyer to:Undertake an investigation of the propertyPrepare a probate application for the Aunt;Once a probate is issued after all formalities, then prepare a Sale and Purchase Agreement with the Aunt;Prepare a Transfer document after suiatble arrangements;There may be a need to surrender the intial lease or title to obtain new leases or titles for the subdivided plots;Make Sales and Purchases Agreements with the new buyers;Attend to FRCS or regulatory consents (where applicable);Attend to settlement (new sale).The above is quite a scope of work that will be required.Artemis Legal & Consultancy is able to assist but will need to itemise the scope of work before providing any sort of cost estimations. In the meantime, please advise:What sort of property is it?What is the estimated initial value of the property?What is the current value?Are there any buyers lined-up?Happy to discuss if you need to engage our services. Many thanks. Vishal AnandBarrister & Solicitor Artemis Legal & Consultancy Mobile no. (679) 8390846Email – [email protected]
About Elder Law in Fiji
Elder Law in Fiji pertains to the legal issues that affect older adults, including but not limited to healthcare, retirement planning, estate planning, guardianship, and elder abuse. The main goal of Elder Law is to protect the rights and interests of the elderly population and ensure they receive proper care and support.
Why You May Need a Lawyer
There are various situations where you may require legal help in Elder Law, such as creating a will or trust, dealing with issues related to long-term care, navigating healthcare decisions, resolving disputes over guardianship or conservatorship, and protecting older adults from financial exploitation or abuse.
Local Laws Overview
In Fiji, the Elder Law landscape is governed by various laws and regulations, including the Rights of Older Persons Act 2021 and the Legal Aid Act. These laws outline the rights and protections afforded to older adults in areas such as healthcare, housing, social services, and financial matters. It is important to be aware of these laws when seeking legal advice in Elder Law.
Frequently Asked Questions
1. What is the legal age of retirement in Fiji?
The legal age of retirement in Fiji is 55 years for women and 60 years for men.
2. Can I create a power of attorney for healthcare decisions in Fiji?
Yes, you can create a power of attorney for healthcare in Fiji, allowing a designated individual to make medical decisions on your behalf if you are unable to do so.
3. What is elder abuse, and how is it addressed in Fiji?
Elder abuse refers to the intentional or negligent acts that cause harm or distress to an older adult. In Fiji, elder abuse is a criminal offense, and various laws are in place to protect older adults from such abuse.
4. How can I ensure my estate is properly distributed after my passing?
You can create a will or trust outlining how you wish to distribute your assets after your death. It is advisable to seek legal assistance to ensure your estate planning documents are valid and enforceable.
5. Can I contest a will in Fiji?
Yes, you can contest a will in Fiji if you believe it is invalid or if you have been wrongfully excluded from the distribution of assets. It is recommended to consult with an Elder Law attorney for guidance on contesting a will.
6. What are my rights as an older person in Fiji?
As an older person in Fiji, you have rights related to healthcare, social services, housing, and financial matters, as outlined in the Rights of Older Persons Act 2021.
7. How can I protect myself from financial exploitation in old age?
You can safeguard your finances by appointing a trusted individual to manage your financial affairs through a power of attorney, setting up safeguards against scams and fraudulent activities, and seeking legal advice if you suspect financial exploitation.
8. Can I receive legal aid for Elder Law matters in Fiji?
Yes, you may be eligible for legal aid for Elder Law matters in Fiji under the Legal Aid Act. Contact the Legal Aid Commission for more information on how to access legal aid services.
9. What are the options for long-term care for older adults in Fiji?
Long-term care options for older adults in Fiji include home-based care, residential care facilities, and community-based services. It is essential to plan for long-term care needs in advance to ensure proper care and support.
10. How can I ensure my wishes are honored in healthcare decisions?
You can create an advance healthcare directive or living will specifying your healthcare preferences in the event you are unable to communicate them. It is advisable to discuss your wishes with your healthcare providers and family members.
Additional Resources
For further information and assistance on Elder Law matters in Fiji, you can contact the Legal Aid Commission, Ministry of Women, Children and Poverty Alleviation, or the Fiji Law Society. These organizations provide resources and support for individuals seeking legal advice in Elder Law.
Next Steps
If you require legal assistance in Elder Law in Fiji, it is recommended to consult with an experienced Elder Law attorney who can provide guidance and representation based on your specific needs and circumstances. Contact local legal organizations or the Fiji Law Society for referrals to reputable Elder Law practitioners.
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.