Best Elder Law Lawyers in San Juan

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List of the best lawyers in San Juan, Philippines

CNVD Law

San Juan, Philippines

English

CNVD Law is a distinguished legal firm based in the Philippines, renowned for its comprehensive expertise across various legal disciplines. The firm's team of seasoned attorneys brings a wealth of experience, ensuring adept handling of complex legal matters. Their commitment to excellence has...

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Philippines Elder Law Legal Questions answered by Lawyers

Browse our 8 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.
Confusion about who has right to sell deceased parents property: Contact me on WhatsApp: ++38970704335I can share my professional opinion with you.Best Regards,
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,

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About Elder Law in San Juan, Philippines

Elder Law in San Juan, Philippines addresses legal issues specifically affecting the elderly population. It encompasses a broad spectrum of legal disciplines, including estate planning, guardianship, retirement benefits, healthcare, and elder rights. It aims to protect the rights and well-being of senior citizens, ensuring they receive appropriate legal protections and services to maintain their quality of life.

Why You May Need a Lawyer

There are several scenarios where an individual or their family might need the guidance of a lawyer specializing in Elder Law:

Planning and executing wills and estates to ensure the proper distribution of an elder's assets.
Setting up healthcare directives or living wills to articulate an elder’s healthcare preferences.
Managing issues related to guardianship and conservatorship when an elder cannot make decisions independently.
Addressing issues of elder abuse or neglect, whether in domestic or institutional settings.
Assistance with benefits and entitlements, such as social security and pension claims.
Legal advice on long-term care options, including nursing homes and assisted living facilities.

Local Laws Overview

San Juan, like the rest of the Philippines, adheres to national legal frameworks that cover Elder Law. Prominent statutes and regulations include:

The "Expanded Senior Citizens Act," which provides discounts, benefits, and privileges to senior citizens.
Protections under the "Anti-Violence Against Women and Their Children Act," which also applies to elder abuse cases.
Provisions under various family code articles that dictate inheritance and family responsibilities.
Social welfare laws that ensure access to government services for the elderly.

Local ordinances may further outline specific benefits dedicated to San Juan residents. It's crucial to consult with a local legal expert to understand these rules thoroughly.

Frequently Asked Questions

What is Elder Law?

Elder Law is an area of legal practice focusing on issues affecting the aging population, including benefits, estate planning, and safeguarding against abuse.

When should I consult an Elder Law attorney?

You should consider consulting an Elder Law attorney when planning for future health care or financial decisions, creating a will, or if you suspect elder abuse.

What are the key provisions of the "Expanded Senior Citizens Act"?

The Act grants benefits such as discounts on goods and services, tax exemptions, and government assistance programs tailored for seniors.

What constitutes elder abuse under Philippine law?

Elder abuse includes physical, emotional, financial abuse, neglect, and abandonment of an elderly person.

Can I challenge a will in San Juan, Philippines?

Yes, wills can be contested on grounds such as undue influence or if the testator lacked mental capacity at the time of drafting.

What is a healthcare directive, and why is it important?

A healthcare directive, or living will, outlines an elder's healthcare preferences if they become incapacitated, ensuring their choices are respected.

Who can serve as a guardian for an elderly person?

Guardians are typically appointed by the court, and can be a family member or a public guardian, intended to make decisions for those unable to do so.

How do I report suspected elder abuse?

You should contact local authorities or social services. An Elder Law attorney can also guide legal actions after reporting.

What legal services are available for low-income seniors?

Several community legal aid organizations offer free or low-cost assistance to low-income seniors in San Juan.

How are elder benefits like pensions and social security accessed?

Accessing benefits typically requires completing applications with proof of eligibility, which an attorney can assist with to ensure the process is handled correctly.

Additional Resources

Individuals seeking assistance in Elder Law may consider reaching out to the Philippine Department of Social Welfare and Development (DSWD), local senior citizen associations in San Juan, or national bodies like the Philippine Council for the Welfare of Children (PCWC) for more tailored guidance.

Next Steps

If you are in need of legal assistance in Elder Law, consider the following steps:

Consult with a qualified Elder Law attorney for tailored legal advice.
Gather relevant documentation, such as identification, existing wills, financial records, and healthcare directives.
Contact local legal aid services if financial constraints are a concern.
Educate yourself on your rights and current laws by attending local seminars or workshops focused on elder issues.
Keep open communication with family members involved in the elder’s care to ensure a unified approach to legal and healthcare planning.
Regularly review legal documents to keep them updated with any changes in laws or personal circumstances.

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