Frequently Asked Questions (FAQ)

Every time a representative from The Special Needs Planning Group meets with a family, we gain new insights. Over time, we have compiled a substantial amount of valuable information for families who have members with disabilities. The following section includes summaries of some of the most useful pieces of that information. For a more comprehensive collection, please contact The “Special Needs” Planning Group.

Are Will Kits a safe option for families of people with disabilities?

No.
Will Kits are often marketed as an inexpensive and easy solution for creating a Will, but they typically do not include the necessary provisions for individuals with disabilities. Most notably, they fail to address critical components such as the Henson Trust and the Ontario Disability Support Program (ODSP).

These omissions can jeopardize a loved one’s eligibility for government benefits. We strongly recommend working with a lawyer who specializes in planning for individuals with disabilities.

Don’t let that delay your planning.
You can contact The Special Needs Planning Group for a list of knowledgeable lawyers. We’ll gladly connect you with professionals you can interview to find the right fit for your needs.

Yes, but you must plan carefully.
If your grandchild is receiving ODSP benefits, leaving money to them directly could disqualify them from that support. ODSP rules state that individuals with more than $40,000 in liquid assets may lose their benefits, including the disability income, drug coverage, and dental care.

To avoid this, you can use tools such as:

  • A Henson Trust, which protects ODSP eligibility while allowing funds to be used for quality of life enhancements.

  • A Registered Disability Savings Plan (RDSP), which allows contributions and can receive generous matching from the federal government without affecting ODSP.

Yes, they can.
In addition to the RDSP, individuals on ODSP are allowed to own up to $100,000 in Segregated Funds without it counting against the ODSP asset limit.

Segregated Funds are investment products similar to mutual funds, but with added benefits like:

  • Maturity and death benefit guarantees

  • Creditor protection

  • Probate fee exemption

These funds also offer an effective way to shelter inheritances, avoiding the high taxes associated with Inheritance Trusts.

The ODSP application process can be complex and frustrating—especially if you’re unprepared. Even initial inquiries can trigger the opening of a file, and your early statements can be used in the application review.

Before applying:

  • Review your or your family member’s financial setup to meet ODSP requirements.

  • Avoid rushing to answer intake questions without guidance.

  • Consider consulting a Planning Professional to restructure finances, prepare documentation, and offer guidance during the process.

This preparation can save you time and stress—and increase your likelihood of approval.

Only under strict conditions.
Some families try to increase their child’s ODSP benefit from $1,065 to $1,408 by creating a rental arrangement (i.e., the child becomes a renter and the parents become landlords).

However, to qualify:

  • The recipient must purchase and prepare their own food independently.

  • The landlord (i.e., the parent) must not be involved in any way in providing meals.

If meals are shared or provided by the parent, the child is considered a boarder, not a renter—meaning the increased benefit does not apply.

Proceed with caution. Misclassifying the arrangement could lead to benefit clawbacks or even fraud investigations. Always consult with a professional before making changes.