Trusts for the disabled

The families, and in particular the parents, of people with disabilities face concerns in how best to provide for those family members. In most cases it is either impossible or undesirable to pass assets outright to a person with a disability. There are a number of reasons for this including the fact that assets owned outright by a person with a disability would disqualify them for means tested benefits.

There are various ways these days in which long term care can be managed for the disabled. These can include houses owned by a charity, by the disabled person (or a trust for his or her benefit) and the local authority.

Many trusts are set up by will and it is important that the correct form of trust is used – generally a discretionary trust.

The Mencap website contains useful information about wills and trusts (see links page). In 2009 there is a scheme run by another charity (www.cerebra.org.uk) under which parents with a qualifying child aged 16 or under can apply for a voucher of up to £350 to help for the payment of a trust or will.