Best Elder Law Lawyers in Mandaluyong City
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List of the best lawyers in Mandaluyong City, Philippines
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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
About Elder Law Law in Mandaluyong City, Philippines
Elder Law in Mandaluyong City, Philippines focuses on providing legal protections and assistance to elderly individuals. This area of law addresses various matters such as healthcare, financial planning, estate planning, guardianship, and retirement issues. It aims to ensure the wellbeing and rights of older adults are safeguarded.
Why You May Need a Lawyer
Seeking legal help in Elder Law may be necessary in various situations, including:
- Estate planning: A lawyer can help you create a comprehensive estate plan that includes wills, trusts, and powers of attorney, ensuring your assets are distributed according to your wishes.
- Nursing home abuse: If you suspect an elderly loved one is experiencing abuse or neglect in a nursing home, a lawyer can guide you through filing a complaint and taking legal action.
- Guardianship: When an elderly person is no longer capable of making decisions, a lawyer can assist in establishing guardianship to protect their interests and ensure decisions are made in their best interests.
- Social security and benefits: An attorney can help you navigate the complex process of applying for and securing social security benefits, pensions, and other entitlements.
- Healthcare planning: Legal advice can be valuable when planning for long-term healthcare needs, including drafting healthcare directives, exploring healthcare options, and understanding Medicare and Medicaid.
Local Laws Overview
In Mandaluyong City, Philippines, local laws relevant to Elder Law include:
- The Senior Citizens Act (Republic Act No. 9994): This law provides various benefits and privileges to senior citizens, including healthcare benefits, social programs, and discounts on certain goods and services.
- The Barangay Ordinance on Care for the Elderly: This local ordinance aims to establish programs and services that promote the welfare, protection, and empowerment of elderly individuals within the community.
- The Magna Carta for Disabled Persons (Republic Act No. 7277): While not specifically focused on the elderly, this law provides protection and assistance to individuals with disabilities, which may include elderly persons with disabilities.
Frequently Asked Questions
1. Can I have more control over my healthcare decisions as I age?
Yes, you can have more control over your healthcare decisions by creating an advance healthcare directive or a living will. These legal documents allow you to specify your healthcare preferences in case you become unable to communicate them later.
2. How can I protect my assets and ensure they are distributed correctly?
Creating a will or setting up a trust is crucial for protecting your assets and ensuring they are distributed according to your wishes. Consulting with an elder law attorney can help you navigate the estate planning process and ensure your assets are managed properly.
3. What are the benefits available to senior citizens in Mandaluyong City?
Senior citizens in Mandaluyong City are entitled to various benefits and privileges such as discounts on goods and services, priority access in public establishments, and social assistance programs. These benefits are provided under the Senior Citizens Act (Republic Act No. 9994).
4. How can I report suspected nursing home abuse?
If you suspect nursing home abuse or neglect, you should report it to the Department of Social Welfare and Development (DSWD) or the local authorities. Consult with an elder law attorney who can guide you through the reporting process and help protect the rights of your loved one.
5. Can I still work as a senior citizen and receive social security benefits?
Yes, as a senior citizen, you can continue to work while receiving social security benefits. However, there are specific regulations and limitations regarding how much you can earn without affecting your benefits. Consult an elder law attorney or the Social Security System (SSS) for more information on this matter.
Additional Resources
- Office of Senior Citizens Affairs (OSCA): Local government unit office that provides assistance and information to senior citizens in Mandaluyong City. Contact your local OSCA for resources and support.
- Philippine Association of Geriatric Medicine: An organization that specializes in geriatric medical care. They may provide resources and recommendations for legal assistance in elder care.
Next Steps
If you require legal assistance in Elder Law, follow these steps:
- Identify your specific legal needs: Determine the areas of Elder Law where you require legal advice or representation.
- Research and gather information: Consult reliable sources, such as local legal directories, referrals, or online platforms, to find reputable elder law attorneys in Mandaluyong City.
- Schedule consultations: Reach out to selected elder law attorneys and schedule initial consultations to discuss your case and assess their expertise and compatibility.
- Choose an attorney: Select an attorney who has the necessary knowledge, experience, and professionalism to assist you effectively.
- Provide necessary documentation: Gather and provide any relevant documentation or information requested by your chosen attorney to proceed with your case.
- Review and sign legal agreements: Carefully review any agreements or contracts provided by your attorney before signing them.
- Work closely with your attorney: Maintain open communication with your attorney, provide any additional information as required, and follow their advice and guidance throughout the legal process.
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.