Introduction
What is this booklet about?
A major concern for a carer of a person with disability is how the person they care for will be supported in the future when they are no longer able to provide the love, support and care themselves. This is of greatest concern to parents of children with high support needs. Most people with disability are capable of making their own decisions or contributing to the decision making processes about their own future needs, support and care. However, some family members with disability will have a low level of control over their lives and will therefore not be participating actively in the decision making process.
Research indicates that many people wish to make private financial provisions for the future care and accommodation needs of a person with disability but do not understand the steps they should take to plan for the future. This booklet has been written to assist people, their families and carers to find information and support to plan for the future wellbeing of a person who has high support needs. It has been designed to assist families to consider the issues involved in making decisions based on sound knowledge. It encourages families, particularly parents, to take into account their own future needs as well as those of their son or daughter with disability.
The information aims to assist families to plan future arrangements for the ongoing care of their family member with disability that is positive, sustainable, flexible and fulfils the wishes of both the person with disability and their family where possible. The issue of whom to trust for advice and ongoing involvement in the plan can be a major issue for families and can affect their ability to make decisions. Information in the booklet raises questions and provides possible responses to future planning issues. This booklet is a guide only and you should get appropriate legal and financial advice before implementing your plan. At the end of this booklet there are further details about whom you can go to for advice.
Outline of this booklet
The booklet is divided into sections to assist families to navigate the options available when implementing a plan for the future. While systems can be set in place to safeguard the financial future of their family member, planning for the future requires much more than just an understanding of the legal processes available. Planning for the future is about taking steps now to put plans into place, and not just about when you are older and can no longer provide the level of care the person needs.
The booklet is divided into five sections:
Section 1: Future planning: things to consider helps families to think through some of the issues to consider when planning for the future of their family member with high support needs and encourages families to take a ‘whole of life’ approach to planning.
Section 2: Planning for the future: choosing the right option talks about the options available to families when planning for the future and is written in a question and answer format to assist you to find information relevant to your needs.
Section 3: Setting up a trust examines how to set up a trust to provide for a family member with high support needs and contains questions and answers about trusts.
Section 4: How to access legal and financial advice gives advice on how to access legal and financial advice and includes information sheets to provide lawyers and financial advisers with information they may need to best advise you.
Section 5: Useful contacts provides contacts in each state and territory, and gives some suggestions for further reading.
Section 6: Planning templates provides a care plan checklist for you to complete with your family, and an information pro forma to complete and provide to your lawyer.
Some points about how this booklet is written
Questions and answers
The questions and answers asked in this book are the questions parents and other family members most often ask about future planning.
Assets, money and property
In this booklet, the assets of people or trusts will be referred to as their assets. Assets used in this way can include land or real estate, money, shares or any other type of asset. Lawyers may also refer to assets as property.