Inclusion insights: Planning for the future of someone with a learning disability

Over the years, many of you have asked us about planning for the future – a subject that can feel daunting, emotional and, at times, difficult to know where to begin. Questions about wills, trusts, finances and what will happen when you're no longer around to provide support are ones that many families carry, often for years.

Here at Mencap’s Wills and Trusts service , we speak to many families and carers who are worried how their loved one with a learning disability will be financially protected when they are no longer here. It can be daunting to think about, let alone know what needs to be put in place to ensure the life you’ve built together lives on. That’s where our Wills and Trusts team can help. We offer guidance and support on writing a Will and setting up a trust for a person with a learning disability.  

Many families are not aware that leaving a direct inheritance to a loved one with a learning disability of £6,000 or more can start to impact means-tested benefits and support packages. A direct inheritance of £16,000 or more could stop them. This is why it’s so important to put provisions, such as a trust, in place to ensure your child is financially protected.

A trust can be set up during your lifetime or through your Will when you are gone. A trust looks after assets such as money or a house for example, for your loved one with a learning disability. The types of trusts the Wills and Trusts service offer guidance on are a Discretionary trust and a Disabled Persons trust (also known as a Vulnerable Persons trust). 

A Discretionary trust is the most flexible - it can be used to benefit a group of people such as your children and/or family.  

A Disabled Persons trust is a trust that specifically benefits a 'disabled person'. To qualify for a Disabled Person’s trust, there is a certain ‘criteria’ the disabled person must meet. This includes being in receipt of Attendance Allowance, or in receipt of Personal Independence Plan (PIP) at the standard or enhance rate for ‘daily living activities’, along with other definitions.  

A trust is managed by trustees – these can be people you trust, such as friends and family, or can be professional such as a legal professional or a trust company. There must be a minimum of two and a maximum of four trustees and they need to be over the age of 18. Being a trustee can be a big responsibility as the role requires time, administrative duties as well as making decisions on how the money can be used for the beneficiary.  

If you did not want to put this responsibility onto family or friends, you could consider a trust company such as Mencap Trust Company. They are a not-for-profit company who manage the trust for you and act as sole trustee. You can find out more by visiting their website : www.mencaptrust.org.uk.