In the Philippines, parents of children with autism often face the daunting question: What happens to my child when I am no longer there to provide for them? Central to this concern is whether a child with autism—who may require lifelong support—can legally be named as a beneficiary in wills, insurance policies, and government benefits.

The short answer is yes. Philippine law provides several mechanisms to protect the financial interests of persons with disabilities (PWDs), though the "how" requires careful legal maneuvering to ensure the funds are managed properly.

1. Legal Capacity and the Right to Inherit

Under the Civil Code of the Philippines, every person has "juridical capacity," which is the fitness to be the subject of legal relations. This is inherent in every natural person and is lost only through death.

The Right to be Named: A child with autism, regardless of the severity of the condition, has the legal right to inherit property (succession) and be named as a beneficiary.
Capacity to Act: While they have the right to own property, a child with severe autism may lack the "capacity to act" (the power to do acts with legal effect). In such cases, the law requires a legal guardian to exercise those rights on their behalf.

2. Naming the Child as an Insurance Beneficiary

You can absolutely name a child with autism as a beneficiary in a life insurance policy. However, there are practical hurdles to consider:

Minority: If the child is under 18, insurance companies cannot release the proceeds directly to them. A judicial guardian must be appointed by a court to manage the funds.
Insanity or Incompetence: If the child is over 18 but is "incompetent" due to a mental or developmental condition, the insurer will still require a court-appointed guardian.
The Solution: Many parents choose to set up a Trust Fund. Instead of naming the child directly, the "Trust" is named as the beneficiary, with a designated Trustee (a trusted relative or a bank) managed according to specific instructions for the child's care.

3. Claiming Government Benefits (SSS, GSIS, and PhilHealth)

The Philippine government provides specific protections for children with disabilities through its social insurance institutions.

A. SSS and GSIS Survivorship Pension

Under the Social Security System (SSS) and Government Service Insurance System (GSIS) laws, dependent children are entitled to a "dependent's pension."

The "Lifetime" Provision: Normally, children stop receiving pensions at age 21. However, if a child is incapacitated and incapable of self-support due to a physical or mental defect (which includes severe autism) that existed prior to reaching the age of majority, they can remain a dependent for life.
Requirements: You must provide medical records and undergo an assessment by the agency's medical board to prove the child’s condition prevents them from self-support.

B. PhilHealth Coverage

A child with autism can be declared a "qualified dependent" under their parent's PhilHealth coverage. If the disability is permanent and renders them incapable of self-support, this coverage can extend beyond the age of 21 as a "Lifetime Member Dependent."

4. Key Protections under Republic Act No. 7277 (Magna Carta for PWDs)

The Magna Carta for Persons with Disabilities, as amended by RA 10754, provides significant financial relief that "benefits" the child indirectly through their caregivers:

20% Discount and VAT Exemption: On medicines, diagnostic fees, and even basic commodities.
Tax Incentives: For those caring for a PWD child (treated as a dependent for tax purposes, though this has shifted slightly under the TRAIN Law).

5. Essential Steps for Parents

To ensure your child is fully protected, consider these three legal steps:

Draft a Will: Don’t rely on "intestate succession" (the default law). A will allows you to designate who will manage the child's inheritance.
Establish a Special Needs Trust: This is the "gold standard" for PWD care in the Philippines. It ensures the money is used strictly for the child’s therapy, medical needs, and daily living without the child having to manage the money themselves.
Secure a PWD ID: Ensure the child is officially registered with their Local Government Unit (LGU). This ID is the primary gateway to claiming government-mandated benefits and discounts.

Summary Table: Benefit Eligibility

Benefit Type	Can a Child with Autism be a Beneficiary?	Key Condition
Inheritance	Yes	May require a legal guardian if the child is "incompetent."
Life Insurance	Yes	Best handled via a Trust to avoid court-appointed guardianship.
SSS/GSIS Pension	Yes	Dependent's pension can be for life if the child cannot support themselves.
PhilHealth	Yes	Lifetime dependent status is available for those with permanent disabilities.

While the Philippine legal system allows children with autism to be beneficiaries, the administrative process can be bureaucratic. It is highly recommended to consult with a lawyer specializing in estate planning or family law to ensure your child's financial future is airtight.

Would you like me to draft a sample clause for a Trust or a Will that specifically addresses the needs of a child with a disability?