This BBC article explains how a large proportion of adults with severe learning disabilities in Wales live with their families, meaning they may be left having to rely on the limited resources of social housing should those family members pass away.

The article has an uplifting message – focusing on the excellent work of a group of families and friends in Wales who have started a housing cooperative to provide housing for adults with learning disabilities. 

However, it raises the important question of how to provide for those with disabilities when their primary carer is no longer around. This applies as much for parents who are supporting their children as it does for anyone providing care for someone with a disability – for example if a younger person dies before an older relative for whom they provide care.

Sometimes people take the view that they will leave their entire estate to a relative for whom they provide care, or even start giving the relative money or assets before they pass away, to ensure that the relative has funds and assets when they are no longer around. 

Unfortunately, it is not that simple and doing so can lead to further issues down the line. For example, the relative may not have capacity to manage their finances meaning that they should not be receiving money or assets outright. Even if they do have capacity to manage their finances, it may help to have the monies managed by a professional financial adviser to make sure that they are managed appropriately to provide for the relative’s lifestyle and also potentially expensive care needs in the longer term. 

Also, receiving a large amount of assets or monies (either in inheritance or before their carer passes away) may impact the relative’s ability to access means-tested benefits or social care to which they would rightly be entitled if the estate was managed appropriately. The carer may also have responsibilities to other people, meaning that they cannot simply leave everything to the relative for whom they are the primary carer.

There are lots of options when it comes to planning your estate to provide for those you care for and we often talk to clients in such situations about setting up trust funds to provide for more than one person. 

Trusts do involve responsibilities of management and administration so the decision to set one up should not be taken lightly and only with good advice, but sometimes they can be appropriate for the specific circumstances to make sure that all family members are appropriately provided for in the longer term.

There is no easy answer in these situations because every family and every person is different. However, with advice and planning hopefully, the situation can be made slightly easier.

For further information about estate planning, preparing a will or setting up trusts, please feel free to contact me.