famlly law and death

Family is an expensive distraction. Last week I was reviewing the current LAW in Malaysia.

1. CHILDREN are NOT OBLIGED to manage and pay for the lives, or collect the bodies of PARENTS. Any such discussions are extra judicial CULTURAL norms. (Generally, only parents are required to manage children.)

2. You can create a TRUST to do pretty much anything, anytime, within Malaysia. But these are expensive. 

3. You can create a WILL to do pretty much anything, after you die. It is quite useless before you die. 

4. You can create a POWER OF ATTORNEY to do pretty much anything also, but this IS CANCELLED the moment you are ( officially ? ) MENTALLY INCAPACITATED ( MI ).

5. So if you do not die (3), but have a loss of executive function (4), to the effect that you are MI, you are out of self-protections unless you had a trust (2). Anyone can apply to the HIGH COURT to GRANT THEM rights and obligations to manage your life, at this time. 

6. Unclaimed bodies will be disposed of by the STATE.

Structurally, items (1,4,5) are currently receiving some remedial attention in Malaysian Syariah and Singaporean law.

---

Malaysia : loss of mental capacity : once it happens, we can simply apply to the high court for authority to manage the estate, of the living incapacitated, right? 

Wrong : seems like our entire legal system is wrapped in the grey. So it comes down to conventions, which may be based simply on precedent, and professional guidelines, and nothing firmer than that. 

So once we have queried doc+lawyer, we should expect not a crystal clear answer, but a description of "the currently accepted practice within the medical and judicial system".