Best Elder Law Lawyers in Lapu-Lapu City

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List of the best lawyers in Lapu-Lapu City, Philippines

Recososa Law Firm

15 minutes Free Consultation

Lapu-Lapu City, Philippines

Founded in 2020

11 people in their team

www.facebook.com

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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Browse elder law law firms by service in Lapu-Lapu City, Philippines

Lapu-Lapu City, Philippines Attorneys in related practice areas.

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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: 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: 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?: Please contact me (text) via Viber  +38970704335 I answer your question.Regards,Svetislav StojanoskiAttorney at law

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About Elder Law in Lapu-Lapu City, Philippines

Elder Law in Lapu-Lapu City, as well as in the broader Philippines, encompasses a range of legal practices tailored to meet the unique needs of senior citizens. This field addresses issues like elder abuse, estate planning, retirement benefits, healthcare, and senior housing. It aims to protect the rights and welfare of older adults, ensuring they receive fair treatment and access to required services. As the population of seniors grows, understanding the nuances of Elder Law becomes increasingly important for families and professionals tasked with safeguarding their loved ones.

Why You May Need a Lawyer

Elder Law attorneys assist in various scenarios, including:

Estate Planning: Crafting wills, trusts, and power of attorney documents to ensure assets are managed according to the elder's wishes.
Healthcare Directives: Preparing documents that dictate the elder's healthcare preferences in the event they cannot make decisions themselves.
Guardianship Issues: Assisting in appointing a guardian for seniors who are unable to manage their affairs due to mental or physical incapacities.
Pension and Retirement Benefits: Navigating local and national pension laws to secure entitled benefits.
Age Discrimination: Addressing employment-related discrimination based on age.
Elder Abuse Cases: Protecting the elderly from physical, emotional, or financial abuse.

Local Laws Overview

Lapu-Lapu City, adhering to Philippine national laws and policies, implements several key aspects of Elder Law:

Republic Act No. 9994: Also known as the "Expanded Senior Citizens Act of 2010," this grants various privileges and benefits to Filipino senior citizens, such as discounts on medications and transportation.
The Anti-Elder Abuse Act: Proposed policies to protect elders from abuse, though comprehensive national legislation is still pending.
Local Government Initiatives: Lapu-Lapu City implements local measures and assistance programs aimed at benefiting its senior residents through accessible healthcare and social services.

Frequently Asked Questions

What is the age considered as senior citizen in the Philippines?

In the Philippines, a senior citizen is typically someone who is 60 years old and above.

Are there specific financial benefits for seniors in Lapu-Lapu City?

Yes, senior citizens are entitled to a 20% discount on various goods and services, including medicines and transportation, under the RA 9994.

How can I report elder abuse in Lapu-Lapu City?

Local government units, including barangays and the Department of Social Welfare and Development (DSWD), provide mechanisms to report and address elder abuse.

Can a senior citizen appoint someone to make decisions on their behalf?

Yes, through a legal instrument known as a power of attorney, seniors can appoint someone to handle their financial or healthcare decisions.

What is the process of crafting a will in Lapu-Lapu City?

Consulting with an Elder Law attorney is recommended. They can assist in drafting a will that complies with legal standards, ensuring it is clear and enforceable.

What legal help is available for issues related to pension benefits?

An Elder Law attorney can assist in navigating the Social Security System (SSS) or Government Service Insurance System (GSIS) for unresolved pension issues.

Can seniors in Lapu-Lapu City avail of free legal aid?

Yes, eligible senior citizens can access free legal assistance through local government units and organizations working in elder rights advocacy.

Are there local groups that support senior citizen initiatives?

Several local barangays and senior groups work together to promote community involvement, and advocacy, and offer support to improve the quality of life for seniors.

How are healthcare directives established?

Drafting healthcare directives often involves setting up an advance directive or living will, outlining acceptable medical treatments through an attorney.

Is age discrimination an issue that can be legally pursued?

Yes, cases of age discrimination, particularly in employment, can be addressed legally, and an Elder Law attorney can offer guidance on pursuing claims.

Additional Resources

Several resources and organizations can provide assistance and more information about Elder Law in Lapu-Lapu City:

Department of Social Welfare and Development (DSWD): Offers programs for the welfare of senior citizens.
Office for Senior Citizen Affairs (OSCA): Local office that deals with senior citizen benefits and welfare.
Philippine Association of Elder Law Practitioners: A network of lawyers specializing in elder issues.

Next Steps

If you require legal help in Elder Law, considering the following steps can be beneficial:

Consult an Elder Law Attorney: Reach out to specialized lawyers in Lapu-Lapu City who focus on Elder Law.
Gather Necessary Documents: Organize essential documents, such as identification, health records, and financial statements.
Identify Specific Needs: Clearly define the nature of legal aid required, whether it’s estate planning, elder abuse, or pension issues.
Reach Out to Legal Aid Services: If cost is an issue, explore free or low-cost legal aid programs available to senior citizens.

Lawzana helps you find the best lawyers and law firms in Lapu-Lapu City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Elder Law, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Lapu-Lapu City, Philippines - quickly, securely, and without unnecessary hassle.

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.