What will happen to your child after you have gone?
Since 1989 LifeTRUST Planning has helped hundreds of families plan for the future financial security of their child with a disability after the death of the parents or primary caregiver, without affecting their entitlement to government support. The quality of your child's future lifestyle will be determined in large measure by the life planning that goes on before. By working closely with LifeTRUST Planning you will have access to their knowledge and expertise to guide you through your child's future lifestyle planning options. To make enduring plans in an ever changing world is a challenge all families face. Tomorrow’s uncertainty can be prepared for with future life planning that spans today’s needs as well as those of the future.
"If I had only known then what I know now"
All too often, we arrive at a time in our lives only to wish that we’d done things differently. Future life planning encourages you to look into the future and prepare today so that all your dreams for your child's tomorrow’s can be realized. A Future life plan is more than just writing a will and a trust agreement. It is a complete package of how to provide for your special child while you are living and how to protect their assets when you pass on. A Future life plan takes into account the need for powers of attorney, trust funds, trustees, guardians and special concerns on how to ensure the funds you pass on will last a lifetime. Because your future life plan is about making plans for your child's future lifetime security, you need to explore many questions, such as:
What kind of lifestyle will my child have?
Who will look after my child in the future ?
How can I ensure that my finances are in order ?
Who will take care of my child's special needs ?
Will the inheritance I pass on disqualify my child from government support ?
How can I ensure that the inheritance I pass on will last for the rest of their life?
How can I create an inheritance if I have little or no assets to pass on ?
Parents want the peace of mind of knowing that a major problem has been addressed. They don’t want fuzzy, complex solutions that take years to materialize, if ever. They want simple, easy to follow instructions that will bring about the results they want. They don't want a Financial Planners Plan, a Lawyers Plan, an Accountants Plan or a Life Planners Plan. They want a plan with their solutions for their child that focus on the most important person in their lives; their child.
Special trusts for special people
Do you want to ensure your child’s inheritance will not jeopardize their social assistance income benefit, their Ontario Disability Support Program (ODSP), Supplementary Security Income (SSI) or their Disability Living allowance (DLA) benefits? The only real solution is a Special Needs or Henson trust in your last will and testament.
A Special needs/Henson Trust makes it possible:
In December, 1987 the Divisional Court in Ontario Canada ruled that a testamentary trust of more than $82,000 created by the will of Leonard Henson for the benefit of his daughter Audrey Henson was not an asset owned by Miss Henson, that would prevent her from receiving benefits as a person with a disability under what was then the Ontario Family Benefits Act. At that time, no individual was entitled to receive benefits if they had liquid assets in excess of $3,000. The trust Mr. Henson established for his daughter Audrey was an “absolute discretionary trust” sometimes called a “Special Needs Trust”, or a “Spendthrift Trust”. In September 1989 the Ontario Court of Appeal upheld the Divisional Court’s decision.
The trust agreement in Mr. Henson’s will contained several conditions that helped convince the Court that Audrey’s trust did not actually belong to her, and therefore she should not have been disqualified from receiving government benefits. Without saying so, it was obviously Mr. Henson’s intention that the trust money should not be spent in a manner that could be used by the government as a valid reason for reducing her monthly benefits. The trust language had the effect that the trust money was only available to be used as Mr. Henson would have used his own money to provide those little extras for his daughter while he was still living.
See the court’s decision and the correct language for a testamentary “Special Needs/Henson trust” for your child or relative. It could save you thousands of dollars and ensure your child will not lose their entitlement to government disability benefits.
LINK TO PARENTS PLANNING GUIDE
LINK TO HENSON TRUST
Plan to leave your child more than just memories!