Additional guidance for families: Explaining what a Trust is to a person with a learning disability

Additional guidance for families: Explaining what a Trust is to a person with a learning disability

This page is intended as a basic guide to assist family, friends and carers of a person/people with a learning disability if they wish to learn about Trusts.

Talking about Trusts with your loved one with a learning disability

Our Guide to Trusts Easy Read is intended to introduce your loved one with a learning disability to Trusts, what they are and how they work.

It is entirely up to you how much detail you wish to go into when discussing Trusts with the person you support. The setting up of a Trust can be quite complex and involve a lot of legal jargon, and how much you wish to tell your loved one about their Trust, is entirely personal to you and your situation.

Reasons for setting up a Trust

Some common reasons for setting up a Trust are:

  • To protect your loved one’s money and benefits.
  • To avoid financial abuse , pressure or emotional distress, if your loved one does not have sufficient mental capacity to manage finances .
  • To plan for the future, especially after parents or carers are no longer around.

Where to find help and advice about setting up a Trust

For further information about Trusts, especially specific to individual needs and requirements, you should consult a legal professional specialising in this area of law .

It is advisable to speak to someone who is STEP-qualified (Society of Trust and Estate Practitioners) as they will have specialist expertise in this area of law and have at least 5 years’ experience of Wills and probate.

To find a suitable legal professional you can use the following:

The Law Society has a ‘Find a solicitor’ helpline:

 

The Society of Trust and Estate Practitioners: