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Trusts for the Disabled
If you have a child or dependent who suffers from a disability, you will no doubt be concerned about how they will manage in the event that something happens to you. A Disabled Person’s Trust can give you the peace of mind that you are providing for them after you have died.
At JMW, our friendly, expert solicitors can help you set up your trust with the minimum of hassle, giving you confidence that your wishes will be carried out in the event of the unexpected.
What is a Disabled Person’s Trust?
A Disabled Person’s Trust allows you to put away assets to be used for the recipient’s benefit during their lifetime without affecting their right to receive means-tested state benefits. This can include covering expenses, such as:
- Daily living costs
- Care fees
- Accommodation fees
To qualify for a Disabled Person’s Trust, a disabled person is classified as:
- A person unable to administer their property or manage their affairs because of mental disorder as determined by the Mental Health Act 1983
- A person in receipt of attendance allowance or disability living allowance (DLA) by virtue of entitlement to the care component at the highest or middle rate, or an equivalent payment (for example, Personal Independence Payment)
A trust can be set up either during your lifetime or by will.