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The scariest question that a parent can ask themselves is What happens to my child when I am not around?  As children grow and parents see them thrive and take more and better care of themselves, this fear steps down to give space to calmness and pride.

However there is a special and very delicate type of parents that never get to experience this joy: the parents of special needs child.

Since 2006, families are allowed to establish Special Disabilities Trust for their children. A Special Disability Trust is a way for parents and family members to provide assets for a  disabled child  that will not affect their entitlement to the  disability support pension.

In this way parents can be sure that their children will have enough assets to be taken care of even after they are gone and still be receive a pension by the federal government.

The trust should be used for care and accommodation needs that arise from the disability. The amounts stated will not affect the entitlement of the disabled child to the disability support pension. This is a way for parents to take care of their children and know that their assets will be used for the right purposes.

How to establish a special disability trust for your child:

  1. The child is declared disabled according to the Special Disability Trust beneficiary assessment process
  2. Contact a lawyer to prepare a will and move forward with the establishment of the trust.
  3. Follow the Model Trust Deed that prescribes the compulsory clauses needed by the social security legislators, as well as recommended clauses that give more rights and options for the child and the parents.

While many parents have welcomed the option for Special Disability Trusts others are not sure what difference it makes in the lives of their children. The most important way a trust helps the parents of a disabled child is that they can know that whatever happens to them he or she will receive the most assets possible and all of the child’s needs will be met.

Yet, we think it is important to list all of the benefits of a Special Disability Trust:

  • not losing entitlement to special disability pension
  • entitled to parents’ assets
  • parents ensure that the child is taken care of
  • invaluable in case of both parents dying
  • do not put a burden on family members to take care of their child
  • ensure financial security of the child


One way of ensuring that your child will be taken care of when you are not around is to establish a testamentary trust through a will. In your will, you can set up the trust for your child (or grandchild) and it will only take effect after you are gone and the will is opened.

A will is a must for the parents of severely disabled children and a very good place to put your Special Disability Trust.

However, a Special Disability Trust can be put into action while the parents are alive and well. This trust is no different than the one you would put in your will but your child will be able to benefit from it as soon as you establish it. Many parents that divorce and don’t have direct contact and ability to support their disabled child choose to establish a trust to ensure the financial their financial security.

Establishing a Special Disability Trust is an opportunity for family members to take care of the future of a disabled child and a sign of utmost care. However, in the swirl of special care, love and the everyday difficulties disabled children face, this is process that takes more energy and time than parents are often able to give.

This is where your trusted family lawyer comes in to give a hand in assuring the future of your child. She can arrange the details and legal requirements for establishing the Special Disability Trust and make sure it is ran and operated in the way you want by a trustee you choose.

A Special Disability Trust is created to help your child, and there is no better time to do that than now.