When your child becomes an adult, new questions arise: Who decides if they cannot do so themselves? What happens with the inheritance? Here is an overview of the most important legal topics.
When your child turns 18, parental authority ends – even for children with disabilities. If your child cannot make important decisions on their own, they need a legal guardian (rechtliche Betreuung).
What is it?
A guardian appointed by the guardianship court provides support in defined areas (e.g. health, finances, public authorities).
Who can be a guardian?
Usually the parents – or another trusted person. Volunteer or professional guardians are also possible.
Reform 2023
Since 2023, the new guardianship law applies. Most important change: the will of the person under guardianship is central. Guardians must respect the person's wishes and not decide "for them."
If you as parents want to financially protect your child with a disability, a so-called special needs will (Behindertentestament) is often the right approach. It ensures that the inheritance benefits your child – and is not seized by the social welfare office.
Without a will
The social welfare office can access the inheritance to reclaim benefits.
With a special needs will
Your child becomes a preliminary heir with estate administration. The inheritance remains protected.
Important: A special needs will must be drafted by a notary or specialized attorney. It is complex, but the investment is worth it.
Detailed information
At behindertentestament-info.de you will find a comprehensive portal on the topic – explained in plain language, with a sample will and decision-making tools.
EUTB at Lebenshilfe Donau-Iller
Free, specialized in disability
VdK District Association Ulm
All resources in Ulm can be found on our Resources page.
Besides the will, there are other important documents:
- ✓ Care directive (Betreuungsverfügung): Who should become guardian if you are no longer able to?
- ✓ Custody directive (Sorgerechtsverfügung): Who takes care of your minor children?
- ✓ Living will (Patientenverfügung): For yourselves – so your family knows what you want.
💡 Tip
These documents can be drafted by anyone. They must be handwritten and signed.