Estate Planning for Ontario Families with Autistic Children

ODSP generally limits a single recipient to $40,000 in non-exempt assets. A Henson trust gives the trustee absolute and sole discretion over payments. A true absolute discretionary trust has no ODSP asset limit.

Ontario families should plan for who can care for a minor child and who can manage property. Adults are presumed capable unless the law says otherwise. The right plan depends on age, capacity, assets, and the court orders or appointments in place.

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.