AtHomeWithLorraineKelly2016 - 213

CASE STUDY ONE

CASE STUDY TWO

'I DO THINGS LIKE
GO TO THE CINEMA'

'THE TRUST GIVES
JAMES SECURITY'

Tonda's mum, Cindy, says, 'Having
the trust helps with even the small
things. When Tonda found caring
for the flat while working was
really getting on top of her, we
approached her trust fund. Now,
she has a cleaner - it has made so
much difference to her.'
Tonda also uses the trust to
support her much-loved hobbies.
'My Mencap Trust helps me. It
feels good. I do things like go to
the cinema and the gym.'

Jane says, 'I gave up being a
solicitor to look after James. When
he was young, we had no help or
respite; I became suicidally
depressed and it nearly ended my
marriage. I had to take the council
to court to get James into a
specialist residential school.
'I always strive to get James
everything he needs. One day,
however, I won't be here. The
thought terrifies me, because he's
totally dependent on others. At
least my husband and I have made
our wills and set up a discretionary
trust, so that James will have more
financial security when we're gone.'

Tonda has a learning disability
and enjoys an active, fulfilling
life. Tonda's father set up a
discretionary trust for her with
Mencap Trust Company Ltd
before he passed away. This
has made a huge difference
to her, paying for her day-to-day
support and even her wedding
to Martin.

This would mean your child would
lose the very benefits that are funding
their current quality of life - vital care,
accommodation, education, transport
and social activities that make them
feel included in their community - until
the money runs out. Then, a new
application for benefits would need to
be made and there is no guarantee
they would receive what they had
previously been entitled to.

How Mencap can help

Mencap places the child at the heart of
the advice it offers - to do this, it aims
to find out as much as it can about
your family's needs and wishes.
Its free wills and trusts service is
delivered by an experienced, friendly
team, who will help to get you started
with this process. They can advise you
on the different ways to leave money
to a child while protecting them from
outside influences. This advice includes
the benefits of writing a will and
setting up a trust - the child can use it

immediately; it can be managed by
somebody else - and ways to ensure
their right to benefits are not affected.
Mencap can also help you create a
letter of wishes that outlines exactly
how you would like the money in the
trust to be paid out. Aside from costs
of ongoing care and activities, this may
include specific requests for things
you know your child would love, such
as a life-changing adaptation of their
home or a trip to their favourite
holiday place.
Mencap Trust Company is the
charity's own independently managed
trust company which can manage
a trust on your behalf. This may be an
option to consider if you don't want to
place the long-term commitment and
legal and financial responsibilities of
managing a trust on family or friends.

Sixteen-year-old James is,
according to his mum, Jane,
'handsome, funny and clever'. He
was born 15 weeks early and has
cerebral palsy, epilepsy, learning
disabilities and autism.

can help you find a recommended legal
professional in your area. They will be
able to answer any further questions
you have and guide you to an informed
decision that satisfies the needs and
aspirations of your child.

FOR MORE INFORMATION
Call Gina 020 7696 6925
Visit
www.mencap.org.uk/willsandtrusts
Email
willsandtrusts@mencap.org.uk

Legal experts

To write or update a will or arrange a
trust, you will need to seek advice from
a solicitor. When you are ready, Mencap

Registered Charity Number 222377 (England
and Wales); SC041079 (Scotland)
AtHomeWithLorraineKelly2016

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