ODSP individual asset limit
Maximum lifetime RDSP grants
Maximum lifetime RDSP bonds
Cost of a Henson Trust will in Ontario
Figures above: Ontario ODSP Directive 4.1, 2024 · Canada.ca RDSP program, 2025 · Ontario disability law practitioners, 2025 survey
Guide values reviewed . Program amounts and eligibility can change; confirm them with the administering agency.
If an autistic adult inherits assets directly, those assets count toward ODSP's $40,000 asset limit (rates as of 2024–25). Exceeding this limit can result in suspension of ODSP income support, drug benefits, and other essential services. A Henson Trust, by contrast, gives the trustee absolute discretion over distributions, which means the trust assets are not considered the beneficiary's own and do not affect ODSP eligibility.
Ontario families should also consider what happens if both parents die simultaneously. Without a proper estate plan, the court will appoint a guardian and the child's inheritance will be managed under the Children's Law Reform Act — often resulting in the Public Guardian and Trustee overseeing funds, which limits flexibility for autism-specific spending.
A comprehensive estate plan for autism families includes: (1) a will with a Henson Trust provision for the autistic beneficiary, (2) designation of a substitute guardian if the child is a minor, (3) a plan for transition of guardianship at age 18, (4) life insurance to fund the trust, (5) RDSP contributions to maximize government matching grants, and (6) a letter of intent detailing the child's needs, preferences, routines, and support requirements.
The letter of intent — while not legally binding — is one of the most valuable documents a family can prepare. It communicates critical information about the child's daily routines, sensory needs, communication methods, medical requirements, and personal preferences to future caregivers and trustees.
The choice of trustee and guardian is the most consequential decision in the estate plan. Trustees should understand both financial management and disability benefits rules. Many Ontario families use a professional trust company as co-trustee alongside a family member to combine financial expertise with personal knowledge of the child.
Guardianship requires careful distinction between guardian of the person (responsible for care decisions) and guardian of property (responsible for financial decisions). These roles can be held by different people. Ontario's Substitute Decisions Act, 1992 governs the process for adults who may need continued decision-making support.
Ontario Ministry of Children, Community and Social Services
ODSP Policy Directives, asset exemptions for discretionary trusts, 2024
Employment and Social Development Canada
Registered Disability Savings Plan program terms and contribution limits, 2025
Henson v. Ontario (Director of Income Maintenance)
Ontario Divisional Court, 1989 — foundational case establishing Henson Trust
Written by Spencer Carroll
Founder & Autism Advocate
Evidence on this page
Key claims are paired with their source, evidence tier, and verification date so readers can inspect the public record directly.
$200/month
The Canada Disability Benefit provides up to for eligible Canadians with disabilities
89,799
children are registered in the Ontario Autism Program
1 in 50
According to the 2019 Canadian Health Survey on Children and Youth, about children and youth aged 1 to 17 in Canada had an autism diagnosis
23%
Only 20,633 children have active funding agreements — less than one in four
WHO recommends accessible, community-based early interventions for children with autism — timely evidence-based psychosocial interventions improve communication and social engagement