Mar 12, 2013
Discretionary Trusts
Your best bet would obviously be to consult a lawyer. I don't know what the differences are in Canada. A discretionary trust is one that is put in the mane of an organization (Nathaniel has full time care now for essentially an assisted living program) or a trust fund of a bank. What makes this important for autistic adults that are in assisted living (and don't equate this to assisted living of a senior)is that the inheritance is protected from the state government.Here in the state of Maryland, should Nathaniel be unprotected by no trust, Maryland could go back to day one and take all of the inheritance money as payment for state services that are normally provided to everyone as an entitlement. This way the organization can use the money for special things like clothing or even toys (Nathaniel is low functioning). He is in a great program where his care provider of 12 years treats him like her own child. We are very blessed for this.
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