Planning the future for children and young adults who may never achieve capacity

  • Parent carers need to plan ahead regarding their property.
  • It is best to direct it into a disability trust to most benefit the child.
  • If an adult in care receives an inheritance the funds will be used for care.
  • If the money goes into a trust it can be kept to fund special expenditure for the adult.
  • There are two main options for setting up such trusts.
  • These are 1. Set up the trust now 2. Set up the trust in a will on your death.
  • There are advantages and disadvantages for either approach - each case is different.
  • Parent carers should take early legal advice on this.
  • Monies may be lost to the adult due to lack of forward planning.