The International Day of Persons with Disabilities encourages us to recognise the rights, experiences and needs of disabled people. For families who care for someone with a lifelong disability it’s often a worry how they will cope if you’re not there to protect them. Carers spend so much of their time worrying about the things they need to do for their loved one they forget about what they need to do for themselves.

As a carer one of the most important steps you can take is to make sure their best interests are properly protected and that their future is safeguarded in case anything happens to you. Careful planning, including protecting someone with disabilities in your will and through trusts, helps ensure continued support if anything happens to you.

Why planning for a loved one with disabilities matters

If you support someone with a disability, depending on their needs you may be juggling meetings with the people who support them or managing their money. You might also be working out how to cover the cost of the additions they need or simply helping with daily decisions that others often take for granted. You want to celebrate and honour them and give them the best you can but are always mindful that this world isn’t necessarily made for them. Thinking ahead for their future is essential. If anything should happen and you’re not able to guide them it’s essential there are clear instructions for how they are to be supported.

One step you can take to protect them is in your Will. Your Will can be used to ensure any inheritance is passed on in a way that leaves your loved one protected. Without a clear cut Will there is a risk of leaving them financially vulnerable or disrupting their entitlement to means tested benefits.

By planning early, you make sure your wishes are respected, and your loved one is protected.

How a Will can help protect someone with disabilities

A well-prepared Will allows you to set out who you want to manage the things you own (your estate), and how your disabled loved one should be supported. This gives you greater control and avoids the risk of money being inherited in a way that may not meet their needs. It also helps minimise the risk of disputes at a difficult time if you have sought professional advice and have your wishes in writing.

When the aim is protecting a person with disabilities, a basic Will may not be enough. However, there are additional options such as a Discretionary Trust which can protect a vulnerable beneficiary.

Using a Discretionary Trust to safeguard long term support

A Discretionary Trust can be designed to protect someone with a disability or long-term condition. Instead of them receiving money directly, the inheritance is placed into the trust. You choose trustees who will manage the funds, and they make sure the money is used for the person’s benefit. The trustees can either be impartial professionals guaranteeing a level of safeguarding due to the regulations they are bound by, or it can be a trusted adult or other family member.

A trust for a vulnerable person can:

• Protect your loved one from financial pressures or exploitation
• Help maintain their eligibility for certain means tested benefits
• Ensure any money they receive is used for their best interests
• Provide flexible support for any future care needs
• Give you confidence that your loved one will be looked after

For many carers, this is the most secure way of protecting someone with disabilities.

Setting up a trust for a person with disabilities

When setting up a Discretionary Trust, choosing the right trustees is one of the most important decisions you will make. Trustees can be family members, close friends or professionals such as solicitors or accountants. There are benefits and drawbacks to both.

A lay trustee (a person you know)

Benefits:

• They often know the person well and understand their needs
• Decision making can be more personal and responsive
• They are more familiar and reassuring to the person

Drawbacks:

• It’s a big ask of someone and comes with legal and financial responsibilities that can be overwhelming
• If anything happens to them there will be disruption to the persons care while arrangements are made for a new trustee

A professional trustee:

Benefits:

• Has specialist knowledge in trusts and acting as a trustee
• Is independent so their judgements are usually based on facts and the persons long term best interests
• Continuity of support – if anything happens to the professional another is able to step in immediately
• They are regulated so there’s less risk of financial mismanagement

Drawbacks:

• Managing a trust for someone does incur costs
• They may have less personal insight into the person so their decisions may appear colder and more analytical

Many families choose to have more than one trustee and choose a personal and professional trustee so they can blend the best of both. They also plan for the fees of managing their trust in the wills and trusts in order to remove the burden for their loved one.

Tailored advice for your family

Every disabled person’s needs are different. If you care for someone with a disability, whether it is a fluctuating condition or consistent in its presentation, a wills and trusts solicitor can support you. Our team will listen to your circumstances and advise on what the best options are for you. When you are ready, they will work with you to create a Will that protects your loved ones future so you know they will be provided for if anything happens to you.

Supporting your loved one’s future

The International Day of Persons with Disabilities is a great reminder for those of us with caring responsibilities to take steps that secure the wellbeing of the people who rely on us. By preparing a Will and considering a trust to financially support them, you can make sure your loved one is cared for and protected, whatever the future holds.

If you’d like guidance on protecting someone with disabilities in your Will or want to explore whether a trust for a vulnerable person is right, we’re here to help. Get in touch with our wills and probate team today on 0800 138 0458 or using our form.