Parents and carers of people with a learning disability often worry about what will happen to their loved one when they are no longer around to care for them. Whilst services often focus on the present needs of people with a learning disability, there is little advice and guidance as to what is the best way to plan for the future. In response to the demand for support in this area, learning disability charity Mencap has been organising free wills and trusts information seminars around England, Wales and Northern Ireland since 2005.
At the Planning for the Future seminars a specialist local legal professional gives guidance about how best to leave money behind to someone with a learning disability by making a suitable will or setting up a trust. These free events are a great opportunity for families and carers to get straightforward, face-to-face advice.
In May, we held events in Northern Ireland and Wales. There were a lot of good questions and some common worries among the attendees. Families very often wondered about how a trust set up to benefit their loved one with a learning disability would work in practice. One question that came up in more than one seminar was the following:
"What happens if the trustees of the trust I have set up do not agree about something after my death?"
A solicitor specialised in working with families of those with a learning disability, such as our in-house solicitor at the Mencap Wills and Trusts team, Aarti Gupta, can provide the best information and advice on these matters. We would like to share Aarti's reply to this frequently asked question:
"Trustees should act unanimously. They must all agree on decisions before they are taken. If there is conflict between them they may decide that new trustees should be appointed. One or all trustees can retire and appoint replacements to act with any remaining trustee(s). All trustees must agree on this decision. New trustees, such a professional trustees like solicitors or a trust company, can then be appointed. If the conflicting trustees do not agree to step down, then they can only be removed by an order from the court, which will have to be applied for by one of the trustees."
Mencap has more Planning for the Future seminars coming up in June around the Eastern and London regions in the following locations:
Tuesday 4th June, 6.30pm – 8.30pm
First Site, Lewis Gardens, High Street, Colchester, Essex, CO1 1JH
Wednesday 5th June, 6.30pm – 8.30pm
Hertford Castle, Hertford, Hertfordshire, SG14 1HR
Thursday 6th June, 12.30pm – 2.30pm
Peterborough Museum and Art Gallery, The Howe Room, Priestgate, Peterborough, PE1 1LF
Tuesday 25th June, 6.30pm – 8.30pm
Harefield Manor Hotel, 33 Main Road, Romford, Essex, RM1 3DL
Wednesday 26th June, 12.30pm – 2.30pm
The Vestry Hall, The Vestry House, 21 Paradise Road, Richmond, TW9 1SA
Tuesday 2nd July, 12.30pm – 2.30pm
Mencap National Centre, 123 Golden Lane, London, EC1Y 0RT
Places on these seminars can be booked online or by calling 020 7696 6925 or emailing This email address is being protected from spambots. You need JavaScript enabled to view it..
To find out more about the seminars and the wills and trusts information service visit www.mencap.org.uk/pffe.
We appreciate any support in disseminating information about these events among families of people with a learning disability who might benefit from it.
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