Henson Trust – Q & A

Henson Trust – Q & A - Kenneth C. Pope Law

Q: Can a person with disabilities be their own trustee for a Henson Trust?

A: Yes, a person can be their own trustee for a Henson Trust, if this is a wise choice.

Q: I live in Quebec and want a Henson Trust in my will. Are Henson Trusts valid in Quebec as well as in Ontario? Does Quebec Social Assistance have the same rules and guidelines as ODSP?

A: Henson Trusts are valid in Quebec. Each Province has their own form of Social Services and each has their own rules and regulations and benefit amounts and other benefits that a particular Province offers for disabled people.

Q: I used to work and have accumulated some investments. I understand that I can only have $5,000 in all my bank accounts. Can I create my own Henson Trust to protect what I have saved? , but still be able to collect ODSP and have Drug and Dental coverage?

A: A person cannot create their own Henson Trust, but there are options that you would have to protect the assets that you have accumulated, following ODSP rules and regulations.

 

 

 

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