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28 Dealing with Someone Else's Affairs
10. How can I make sure a disabled relative is cared for after I die?
This question is raised most often by parents of a child with a long-term disability, who want to make sure that their son or daughter will continue to be cared for, and to have financial security, after the parents' death. This could be done by:
However, when money is provided for the disabled person under a trust or other legal arrangement, including a will, their income or benefits from the DWP could be reduced or stopped, and charges for care services could increase. If you are in this position, you will need to consider this decision carefully, and seek specialist legal advice. Solicitors who belong to the Probate Section of the Law Society or Solicitors for the Elderly may be able to help. See 'Further help' for details.
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Penny Letts, a policy consultant specialising in mental health and capacity issues.
Leaflet Version: November 2019
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