Best Elder Law Lawyers in Meycauayan

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List of the best lawyers in Meycauayan, Philippines

Dagsaan Monterde Castillo Law and Notary Public (DMC LAW)

Meycauayan, Philippines

Founded in 2022

5 people in their team

English

Tagalog

DAGSAAN MONTERDE CASTILLO LAWAt Dagsaan Monterde Castillo Law (DMC Law), we provide legal counsel across a comprehensive range of practice areas, serving individuals, families, and organizations throughout Luzon.Our firm is founded on the principles of professional diligence, integrity, and a...

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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 Meycauayan, Philippines

In Meycauayan, Philippines, Elder Law encompasses a wide variety of legal matters affecting older or disabled persons. This ranges from matters concerning healthcare, long term care planning, guardianship, retirement, social security, and protection from elder abuse, both physical and financial. Guided by national and local regulations, Elder Law in this region aims to uphold the rights, safety, and welfare of the elderly community.

Why You May Need a Lawyer

Navigating the often complex legalities associated with old age or disability can present challenges. You might need a lawyer for issues regarding retirement benefits claims, drafting a will, or setting up an estate plan. Lawyers can assist with guardianship arrangements if an elderly person is no longer capable of making their own decisions. They can also help defend seniors against elder abuse or fraud, ensuring their rights and welfare are not compromised. If families argue over inheritance, legal recourse may be the most effective resolution. In situations where a nursing home or healthcare provider is neglecting their duty of care, a lawyer specializing in Elder Law can provide much-needed assistance.

Local Laws Overview

In Meycauayan, as well as the entire Philippines, the Magna Carta for Disabled Persons and the Expanded Senior Citizens Act are the prominent legislative pieces protecting elder and disabled rights. These ensure the provision of medical benefits, discounts, social pensions, protection against abandonment or neglect, and penalties for those who take advantage of their vulnerabilities. Age discrimination in employment is prohibited, and Early Retirement Benefit packages are made available for those aged 60 and above. Anti-Elder Abuse, neglect, and exploitation laws are also at the forefront, detailing legal action against perpetrators of such acts.

Frequently Asked Questions

1. What is the role of an Elder Law attorney?

An Elder Law attorney aids older or disabled individuals and their families in legal matters, which include estate planning, drafting wills, social security benefits, elder rights, and healthcare issues.

2. At what age should I consult an Elder Law attorney?

It is never too early to start planning for old age. However, professionals recommend seeking the advice of an Elder Law attorney from the age of 60 onwards.

3. What kind of legal documents might an elderly person need?

Common legal documents include a last will and testament, durable powers of attorney for health and finances, living wills, and trusts to manage certain assets.

4. What rights does the Expanded Senior Citizens Act grant me?

The Act confers a 20% discount on goods and services, exemption from VAT, a monthly stipend, priority in express lanes, free medical and dental services, and educational privileges.

5. What constitutes elder abuse and neglect?

Elder abuse and neglect can be physical, emotional, financial, or through neglect. It includes not only acts of violence, but also inappropriate use of restraints, intimidation, coercion, swindling of money or property, and denying access to basic needs such as food, medical care or social interactions.

6. What can I do if I suspect elder abuse?

If you suspect elder abuse, you should immediately report your suspicions to local social welfare services or to the police. Contacting an Elder Law attorney can also be a wise decision to ensure the rights of the senior involved are protected.

Additional Resources

The Department of Social Welfare and Development and the National Commission on Disability Affairs are government bodies that offer support and protection to the elderly and disabled in the Philippines. Local non-profit organizations also provide resources on elder care, senior rights, and support for caregivers.

Next Steps

If you require legal assistance in Elder Law, seek out a local attorney specializing in Elder Law. They can provide a confidential consultation to discuss your circumstances and needs. Don't hesitate to reach out to government bodies or non-profit organizations for further help or resources. Always prioritize the rights, welfare, and comfort of the elderly individual involved.

Lawzana helps you find the best lawyers and law firms in Meycauayan 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 Meycauayan, 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.