I Am Worried About How My Disabled Child Will Manage

If you have a disabled child, you could create a disabled person’s trust. This can be implemented during your lifetime or included in your Will.

Every person with parental responsibility for a child who cannot manage in mainstream life has the additional burden of being worried about their future, when they are not there to protect them.

If you are responsible for a disabled child, you have a number of options available to you. This includes:

• Engaging a charity
• Relying on family members
• Creating a disabled person’s trust

The right option depends on your family situation and the nature of your child’s disability - speak to our child law solicitors for more help.

Engaging a charity

Some disabilities do not prevent a child, on reaching the age of 18, from living independently and managing their own money. If this is the case, then you could engage a charity. Some charities provide assistance to disabled people during their lifetime, and this arrangement may be sufficient for your child’s needs.

Relying on family members

If your child’s disability means that he/she cannot live independently, then other options need to be explored. In particular, consideration needs to be given as to how money can be set aside for that child for their future use and support.

Some families choose to rely on their other children or family members. The cheapest option may be to make a Will, leaving everything to the brothers and sisters of the disabled child, with an instruction that they are to look after that child.

However, problems can arise when that brother or sister marries, falls into debt or dies, as the pot of money may then be used for other purposes.

Disabled person’s trust

Therefore, the safest option may be to create a disabled person’s trust. This can be created either in your lifetime or included in your Will, to be implemented after your death. A trust ringfences a sum of money (or other assets) which are to be used for your child’s needs. This money will be managed by people of your choosing.

A Trust may or may not have tax advantages. This depends on whether your child falls under the definition of ‘disabled’ for inheritance tax purposes, and whether the Trust is written so that only that one child can benefit in his or her lifetime.

The meaning of ‘disabled’ is linked to the receipt of certain state benefits. The term ‘mental disorder’ has been widened to include any disorder or disability of the mind – although this specifically excludes any alcohol or drug addiction.

Speak to our wills solicitors

We will take the time to discuss with you how your child can best be protected. If possible and appropriate, we can help you to set up a disabled person’s trust, giving you peace of mind that your loved one will be looked after in the years to come.