Given the above, these are a couple of typical scenarios that come up:
Person on PWD, 30 years old, full capacity, with $430K inheritance:
- Set up a discretionary trust with $430K. If they have the DTC, set up an RDSP with annual contributions.
- Pros: Simple, they’ll get $90,000 in free government grants/bonds
- Cons: They lose control of their money (need an independent trustee)
- Set up a non-discretionary trust for $200K, put $200K in an RDSP, and have $30K as a personal asset.
- Pros: The PWD recipient maintains full control of their assets
- Cons: Will only get between $4500 and $36,000 in free government grants/bonds (depending on back contributions), may get PWD reduced if the $30K earns any income
Person on PWD, 40 years old, full capacity, with $900K inheritance:
- Set up a discretionary trust with $900K. If they have the DTC, set up an RDSP with annual contributions.
- Pros: Simple, they’ll get almost $90,000 in free government grants/bonds
- Cons: They lose control of their money (need an independent trustee), might have tax issues – higher income, if they’re on rent subsidy/home care – might lose subsidy/pay higher per diem rate.
- If inheritance is from a parent/grandparent, and they have the DTC, apply under s. 60 of WESA to create a Qualified Disability Trust, set up an RDSP with annual contributions.
- Pros: No tax problems, won’t lose any benefits, and they’ll get $90,000 in free government grants/bonds
- Cons: Need to make a court application. They lose control of their money (need an independent trustee)
- Buy home, place remainder in non-discretionary trust/RDSP.
- Pros: Keep control of own money, they’ll get about $80,000 in free government grants/bonds
- Cons: All the issues of home ownership. If they need to move out, they’ll lose PWD.
- Set up a non-discretionary trust for $700K, and put $200K in an RDSP
- Pros: The PWD recipient maintains full control of their assets
- Cons: Need to get Ministerial permission for the increased limit of the non-discretionary trust – may be a crap-shoot given his/her age. Will lose PWD if can’t get increased limit. Will only get between $4500 and $36,000 in free government grants/bonds (depending on back contributions).
There are obviously other options, but these examples show how, by understanding the rules, you can give your people a variety of options.
Key resources
- CLE’s Annotated Estates Practice (Annual)
- CLE’s Public Guardian and Trustee Handbook
- Chow/Prior Taxation of Trusts and Estates (Annual) Thomson Reuters
- Employment and Assistance for Persons with Disabilities Regs (Go online to BCLAWS, as they’re updated every month.)