"What will happen to your child after you have gone?"

Stats Canada (1991/92 health and activity limitations services") revealed that 77% of adults who have been labeled as having an intellectual disability, who do not live with their parents, receive less than $15,000 income per year, (1991 dollars). Also, 56% have incomes of less than $11,000. Individuals who have intellectual disabilities eke out on existence which affords them no money or status. They continue to be one of Canada's most marginalized groups of people. Many would like to work but are prevented due to barriers of employment & government regulations.

Regulations in most Provinces cause individuals to lose essential benefits, such as prepaid drug plans and income support, if they earn more than the minimum level of income or have cashable assets in excess of the minimum level ($5000. Ontario.)

Current rules prevent people with disabilities from saving money or receiving inheritances or financial support. Governments are always "second payor" never the "first payor". Their philosophy is that if you have money you should spend it first and when it's all gone, they will support you at a minimal level of perpetual poverty. Yet on the other hand, support legislation states that you must make provisions in your will for someone who is financially dependent upon you for support. You can not disinherit a child with a disability. This also applies, even if you are divorced, yet, if you do leave some money or other resources, the Government will use the inheritance as a pay back for services past and present, until it is reduced to the minimum or place it in a Government trust to be used for disability related expenses.

Fortunately, there is a solution to this dilemma. Parents can plan to have the disabled child's share of their estate placed in a discretionary trust, which has been deemed by the courts as a non-asset to the individual.

The usual approach is to put together a will and a trust agreement. The truth is, a will and a trust agreement rarely carry out the wishes of the parents, as intended, unless the parents build a strong pre-planning foundation. Families must take the initiative and map out a comprehensive plan for their child. Strong pre-planning can cut down your professional costs considerably, and gives the person with the disability a realistic life plan track to run on.

1. Decide on one goal that will affect your future decisions and write it down.

2. Cover all the bases, health, residence, employment, housing etc.

3. Calculate the financial costs to complete your plan.

4. Finally, have a lawyer who specializes in this area legalize your plan.

Make sure your plan is financially viable and legally documented, when you are no longer here your child will not have to eke out an existence without adequate resources and support.