As a health law lawyer, I often work with individuals and families navigating the complexities of Ontario’s healthcare system—sometimes following a life-altering medical event. Whether it’s a child born with a disability, an adult who becomes disabled due to complications from medical treatment, or a person harmed by negligent care, one common concern emerges: how to secure financial support without losing access to essential benefits like the Ontario Disability Support Program (ODSP).
ODSP has strict limits on income and assets, which can jeopardize ongoing benefits if a person receives an inheritance or insurance payout. While Ontario allows up to $100,000 to be held in a standard trust without affecting ODSP eligibility, that amount is often not enough to meet the long-term needs of someone living with a disability.
A Henson Trust offers a solution. This specialized trust allows parents or loved ones to set aside unlimited funds to support a person with a disability—without interfering with their entitlement to ODSP. Because the trust is fully discretionary and the beneficiary has no direct control over the funds, ODSP does not count it as their asset.
Whether your family is navigating a new diagnosis, coping with injury from medical care, or planning for the future of a disabled child, a Henson Trust is a critical tool to ensure your loved one is financially secure without losing access to the public supports they need. Please contact Anthony Windwar for consultation.