Special Needs Planning Group




	The Special Needs Planning Group The "Special Needs" Planner

Volume 11 Issue 1 - February 2008 (PDF format)

Volume 9 Issue 2 - Winter 2006 (PDF format)

Volume 8 Issue 1 - Winter 2005 (PDF format)

Volume 7 Issue 1 - Spring\Summer 2004 (PDF format)

Volume 6 Issue 1 - Spring 2003 (PDF format)

Volume 5, Issue 1 - Spring 2002 (text version below)

Wills Update: Henson Trust Attacked?

Planning for a person with a disability must be fully completed before it can provide you with the peace of mind of knowing that the person will have a decent quality of life after we are gone. In many cases, the completion of a Will containing a Henson trust is part of the planning process. If you have not yet completed your Will and trust, we strongly urge you to do so. If you haven't, or even if you have completed your Will, you should be aware of a new initiative being undertaken by the Ministry of Community and Social Services.

The Ontario Disability Support Program officials have taken on a new twist to reduce the number of people eligible for benefits. Through antidotal evidence, it appears that the ODSP staff are taking a very close look at trusts that have previously been acknowledged as being in the Henson format. If a trust that is being examined is not in the same wording as was the original Henson trust then the Ministry is declaring them to be either liquid assets or disability expenses trusts which have a maximum limit of $100,000. The potential exists for people to be removed from benefits if the wording of their trust is not in the same format as the original Henson Trust. It is therefore imperative that your trusts be created by a lawyer who is familiar with the issues relating to planning for people with disabilities and the ODSP regulations. If you need a referral to a lawyer, contact any "Special Needs" Planning Group representative.

Tax Tips for Caregivers

Tax time is here and almost gone and it has come to our attention that many people are unaware of a tax credit that is available to them. In 1998, Revenue Canada (Canada Customs and Revenue Agency) introduced a Tax Credit for Caregivers. This Caregiver Amount is available to most families who have a person with a disability who is over the age of 18 and who is living with them either full or part time throughout the year and who is dependant on them. In addition, the person with a disability must have income of less than $11,661 per year. The ODSP cheque is less than $11,661 per year and therefore most people on ODSP will qualify. The tax credit is for the amount of $2386. which translates into a rebate of taxes paid in the amount of approximately $500. For further information, contact Canada Customs and Revenue Agency.

HRPA Repealed

Late last year, Lieutenant Governor Hilary Weston and Community and Social Services Minister John Baird signed into law Bill 71 which repealed the long standing Homes for Retarded Persons Act (HRPA). The language contained in the HRPA has been repeatedly denounced as being very inappropriate and demeaning to people with developmental disabilities. Bill 71 has changed the wording in more than 30 acts government-wide which used to contain language which was outdated and offensive to people with developmental disabilities, their families and their support workers. Definitely a move in the right direction.

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Q & A

This section of the Special Needs Planner is dedicated to answering your questions about planning for people with disabilities.

If you have a question, call us or send an email to: graemetreeby@sympatico.ca and we will try to answer it in our next edition.

Q. I was just told that using a Trust Company as trustee for my son's Henson Trust is better than using his brothers and sisters. Is this true?

A. In my opinion, using family members who have a real concern for the person with a disability is a far superior choice than a Trust Company or Bank. A Trust Company or Bank has some advantages like permanence and investment experts but these advantages are outweighed by their possible lack of concern for the well being of our children. Even if you were lucky enough to get a caring trust manager to manage the trust, he will likely be moved on in a few years and then who will take over? I believe that a well structured group of trustees made up of caring family members with the proper supports in place to assist them in their decision making is the better choice.

Top Ten Reasons for Not Preparing for Your Future:

1. The future is uncertain. Better eat dessert first SARAH LEE
2. I'm afraid that if I make a Will, I will die. JOE AVERAGE
3. There's no shame in avoiding elephants. VIETNAMESE PROVERB
4. I'll get to it as soon as I finish this one little chore. GOLIATH, PHILISTINE GIANT, 1013 B.C.
5. I'm not afraid to die. I just don't want to be there when it happens. WOODY ALLEN
6. I don't see any dark clouds on the horizon. There's nothing to worry about. GENERAL CUSTER, U.S. CAVALRY
7. I've developed a new philosophy - I only dread one day at a time. CHARLES M. SCHULZ, PEANUTS
8. Dying is a very dull and dreary affair. I intend to have nothing to do with it. SOMERSET MAUGHAM
9. I trust the Government.
10. Only 17 years to the year 2020.
From Safe & Secure by Al Etmanski

Family Outings

Now that the warm weather is just around the corner, our thoughts turn to the great outdoors. One memorable outing for my family last summer was a visit to Marineland and Game Farm in Niagra Falls. They treated my child with disabilities like a queen. At every turn, she was assisted by the park personnel in experiencing all that Marineland had to offer. It was well worth the drive and I recommend it to everyone. G. Treeby