Disability Trusts

Disability Trusts

In British Columbia, many individuals with disabilities receive income and health benefits through the provincial Persons with Disability (PWD) program.  These benefits are essential, but strict financial rules can make it easy to lose eligibility unintentionally.  

A disability trust is an important tool for protecting the long-term financial security and quality of life of a loved one living with a disability. These trusts allow families to set aside assets while preserving access to essential benefits, ensuring support is available when it is needed most.

At McNeney McNeney Spieker LLP, we provide guidance to families who want to build stable, secure plans that prioritize dignity, independence, and future care.  We also assist individuals receiving provincial disability benefits in structuring their finances to preserve eligibility while ensuring they receive appropriate support. 

Planning for Long-Term Protection

A well-structured disability trust can:

• Safeguard assets for a loved one’s future needs
• Preserve eligibility for government disability benefits, including Persons with Disabilities (PWD) benefits in British Columbia
• Provide long-term financial stability
• Ensure funds are managed in a responsible, legally sound way
• Reduce conflict among family members and potential heirs

We help you understand how disability trusts work, what they can cover, and how they fit into a broader estate or family support plan. 

Types of Disability Trusts

Depending on your circumstances, different trust structures may be appropriate. We offer clarity and assistance with:

• Discretionary trusts
• Henson trusts
• Supplementary needs trusts
• Trusts created through wills (testamentary trusts) or estate plans

Our team will help you determine which option best supports your loved one’s needs while honouring your intentions.

Support Through Complex Decisions

Setting up a disability trust often involves important legal, financial, and personal considerations. We guide families through every step, including:

• Drafting and reviewing trust documents
• Coordinating with financial planners or care providers
• Selecting trustees and defining trustee responsibilities
• Structuring assets to ensure long-term protection
• Navigating potential challenges or disputes

Our approach is clear, compassionate, and focused on protecting vulnerable individuals.

Experienced Advocacy for Disputed Trusts

When disagreements arise about how a disability trust is being managed or distributed, we step in to protect the rights and interests of the beneficiary. We represent plaintiffs in matters involving:

• Trustee misconduct or mismanagement
• Disputes among family members
• Conflicts over trust interpretation or administration
• Attempts to alter or dissolve established trusts

We bring the same strategic, evidence-driven litigation experience to trust disputes as we do in all other areas of our practice.

Committed to Your Family’s Future

A disability trust is more than a legal document — it is a promise of long-term care and stability. Our team is here to help you build a structure that supports your loved one today and well into the future.