Best Elder Law Lawyers in Suva
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Fiji Elder Law Legal Questions answered by Lawyers
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- 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 Suva, Fiji:
Elder Law in Suva, Fiji pertains to the legal issues and rights of elderly individuals. This area of law addresses matters such as estate planning, guardianship, healthcare directives, and elder abuse prevention. It aims to protect the well-being and safeguard the interests of older adults in Fiji.
Why You May Need a Lawyer:
You may need a lawyer specializing in Elder Law in Suva, Fiji if you are facing issues related to estate planning, long-term care, incapacity planning, or elder abuse. A lawyer can help you navigate complex legal processes, ensure your rights are protected, and provide guidance on making informed decisions regarding your future.
Local Laws Overview:
In Suva, Fiji, key aspects of local laws relevant to Elder Law include the Elderly Persons Act, which provides for the protection and support of older adults, and the Family Law Act, which addresses matters such as guardianship and property rights. It is important to consult with a legal expert familiar with these laws to address your specific needs.
Frequently Asked Questions:
1. What is estate planning and why is it important for elderly individuals?
Estate planning involves making decisions about how your assets will be distributed after your passing. It is crucial for elderly individuals to have a solid estate plan in place to ensure their wishes are carried out and to minimize potential conflicts among family members.
2. How can a lawyer help with incapacity planning?
A lawyer specializing in Elder Law can assist with drafting legal documents such as powers of attorney and advanced healthcare directives to designate trusted individuals to make decisions on your behalf in case you become incapacitated.
3. What are the signs of elder abuse and how can legal help be sought?
Signs of elder abuse may include physical injuries, sudden changes in behavior, or financial exploitation. If you suspect elder abuse, a lawyer can help you take legal action to protect the elderly individual and hold the abuser accountable.
4. What are the options for long-term care planning in Suva, Fiji?
Long-term care planning options in Suva, Fiji may include accessing government-funded programs, purchasing long-term care insurance, or setting up a trust to cover future care needs. A lawyer can help you explore these options and choose the best course of action.
5. How can a lawyer assist with guardianship matters?
A lawyer can help you navigate the process of obtaining guardianship over an elderly individual who is no longer able to make decisions for themselves. This includes filing the necessary legal documents and representing your interests in court if needed.
6. What legal documents should elderly individuals have in place?
Elderly individuals should have legal documents such as a will, powers of attorney, and advanced healthcare directives to ensure their wishes are carried out in the event of incapacity or death. A lawyer can help you draft these documents to meet your specific needs.
7. How can a lawyer help with elder financial planning?
A lawyer can assist with financial planning for elderly individuals by creating strategies to manage assets, reduce tax liabilities, and ensure financial security throughout retirement. They can also provide advice on Medicaid planning and long-term care financing.
8. What are the legal rights of elderly individuals in Suva, Fiji?
Elderly individuals in Suva, Fiji have legal rights to dignity, autonomy, and protection from abuse and exploitation. A lawyer specializing in Elder Law can help uphold these rights and ensure they are respected in all aspects of their lives.
9. What are the steps to take if you suspect elder abuse?
If you suspect elder abuse, you should report it to the relevant authorities, such as the Fiji Police Force or the Ministry of Women, Children, and Poverty Alleviation. Legal help can be sought to address the situation and protect the elderly individual from further harm.
10. How can I find a reputable lawyer specializing in Elder Law in Suva, Fiji?
You can find a reputable lawyer specializing in Elder Law in Suva, Fiji by asking for recommendations from family and friends, conducting online research, or contacting legal associations such as the Fiji Law Society for referrals. It is important to choose a lawyer with experience and expertise in Elder Law to ensure your specific needs are met.
Additional Resources:
For additional resources related to Elder Law in Suva, Fiji, you can contact the Fiji Law Society, the Ministry of Social Welfare, or the Legal Aid Commission for guidance and support. These organizations can provide valuable information and assistance to individuals seeking legal advice in the field of Elder Law.
Next Steps:
If you require legal assistance in the field of Elder Law in Suva, Fiji, it is advisable to schedule a consultation with a reputable lawyer specializing in this area. During the consultation, you can discuss your specific needs and concerns, understand your legal options, and chart a course of action to protect your rights and well-being as an elderly individual in Fiji.
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.