Although that line of thinking may be flawed and have a lot of questions surrounding it, it does not mean such cases don’t exist. As a matter of fact, they are a lot more common than we think them to be, even if it’s in Malaysia. It’s not just a common line of thought within Malaysian shores, it’s common everywhere actually. 

However, it does not mean that disabled child will have zero claims over their share of their inheritance. There are several ways to look at this. Let’s have a look at what advantages able-bodied children have when it comes to inheritance. 

1. Fully-abled children are less likely to be disinherited 

It is possible to be disinherited by your parents anywhere you are in the world. Your parents can legally declare in a court that they no longer recognized you as their child. If you are disinherited from and by your parents, you have 0 legal rights to claim their assets when they are no longer around. 

For a fully-abled child, it’s less likely they will be disinherited by their parents. Unless something bad really happened between the fully-abled child and the parents, then yes it is very likely that the parents will disinherit them. 

However, if it’s a disabled child, the disinheritance can be a lot stronger. Some parents cannot stand having a disabled child as they are often considered a burden. The parents may want to abort them, give them up for adoption, and abandon them and so on. 

Solution: There is no need to disinherit the child. There are so many organizations around Malaysia that are willing to provide and offer support for parents with disabled kids. Reach out to them for assistance. I am sure there are solutions to nearly every problems under the sun, including this matter. 

2. Fully-abled children tend to be prioritized 

This is a very straightforward scenario to understand to begin with. It’s quite common that some parents actually give all the inheritance to their able-bodied siblings because they are not disabled. The parents will think that the able-bodied siblings will automatically take care of their disabled sibling. 

Though they may be right for thinking that way, it’s a very naïve line of thought. How would they know if the able-bodied siblings will automatically take care of the disabled child? There will be times when the able-bodied siblings can abandon the disabled sibling just because of their disability. 

Solution: To avoid making such a mistake, have the assets equally distributed between all the siblings, including the disabled child. Each child, disabled or not, should have a fighting chance at having their fair share of their inheritance. 

3. Not having a special needs trust set up or in place 

Some parents think that this is not necessary. However, it is. It’s so important for the disabled child because having one will help him/her in the future. Having one will ensure a positive outcome for the special needs child. 

The disabled child will qualify for public assistance programs that would have been otherwise unavailable to them. If the child does not have a special needs trust set up for them, it will be a very long and painful process for the disabled child to get the public assistance it needs, which often has strict financial eligibility criteria. 

Conclusion 

A disabled child does deserve better in life. If you ever need any assistance for a special needs child’s future, feel free to talk to us. We are more than happy to assist.

Providing for a disabled child and their future may be a bit harder than providing for a non-disabled child. That does not mean providing for a disabled child is impossible. You will need to look into ways to ensure your disabled child will be sufficiently taken care of when you have passed away. 

Main Things To Ensure Your Child’s Problem-Free Future

There are so many things to consider for your disabled child’s future before anything happens to you. We are sure you have many things that are going through your head when you are trying to put things together. To help you ease your burden, here are some things you should have in place. 

1. Secure living conditions 

First things first – living conditions. Before you pass away, make sure that you have a house or apartment for your disabled child. It’s preferable you get one that is accessible and secure for your disabled child. 

It’s preferable that the house or apartment is: 

• In a safe location or area
• Has great amenities that are accessible for disabled people
• Fewer crimes
• Generally clean and free of any shady people 

It’s best that you pay off the installments completely to the house or apartment before your name. Then name your disabled child as your beneficiary. That means when you are no longer around, your disabled child will have access to the home you’ve bought.

2. Public benefits and expenses 

In the midst of settling your home mortgage for your disabled child, don’t forget to look into possible public benefits and expenses too. These public benefits and expenses can help you lighten up some of that weight in financially providing for your disabled child. 

Look into public trusts that are created solely and exclusively for disabled children and/or people. Of course, there are certain criteria to be met before the disabled child is eligible for it. If the documents are in order then it shouldn’t be too much of a problem to claim them. 

Generally, if the disabled child or person has to have a lasting physical or mental impairment that results in the inability to do anything of substantial gainful activity to be able to qualify. 

3. Guardian to your disabled child 

You should name a guardian to your disabled child even before you have passed away. Guardians can be divided into Guardian of Minor and Guardian Advocate. 

Guardian of Minor means the appointed guardian who takes care of the disabled child until s/he becomes of legal age. The legal age in Malaysia is 18 years. These guardians will make sure nothing bad will happen to the disabled child before s/he becomes an adult. Also, they can be your disabled child’s legal guardian even when you have passed away before your child becomes a legal adult. 

Guardian Advocate is meant for disabled adults. Like, let’s say if you have passed away eventually, then the guardian advocate will continue to be your disabled child’s (now adult) guardian. The guardian advocate can help to manage the finances, medical decisions, among others for these disabled adults. 

4. Prepare a Letter of Intent for your disabled child 

A Letter of Intent is not a binding document. This document contains the important details and information of the disabled person to future caregivers. In the very same document, it can also cover any benefits, resources, medical history, and treatment of the disabled person. It’s kind of a mini-biography of a disabled person. 

This document may seem trivial but in the future, it will be very useful. When you are not around, you will not be there to explain to other people what your disabled child needs. This letter will “do the job” for your disabled child. They will thank you later. 

5. Make sure there is sufficient money for your disabled kids 

If you are able to amass enough money to cover for your disabled child then all is better. Disabled people may find it hard enough to look for jobs and opportunities to support themselves. As parents, at least try to leave behind as much as you can for your disabled child to be able to support themselves. 

Conclusion 

Having said all that, hopefully, you have something in place for your disabled child. That way, your disabled child may not have to suffer when you are no longer around.