This chapter evaluates the operation of Midwest Special Needs Trust (MSNT), an organisation created to establish and administer special needs trusts. A special needs trust is used as a fiduciary tool to serve persons with disabilities so that their assets do not affect the eligibility of means-tested social benefits. It starts with an account of the history of MSNT, and then examines the specific definitions and requirements of MSNT trust accounts, the roles and responsibilities of the Trustee and co-trustees, and the merits of MSNT. This chapter also considers important aspects of the administration of MSNT, such as the establishment and termination of trust accounts, staffing, fees and expenses, data management, and investment policy. Real-life cases are discussed throughout to show how MSNT helps to improve the quality of life of the disabled. This chapter concludes with thoughts on the future development of special needs trusts, including MSNT service enhancements and other financial tools, to assist the population with disabilities.

Persons with special needs are in an extremely vulnerable position where they are potentially subject to financial abuse by rogues. Unfortunately, policy makers and scholars have not given this problem sufficient consideration. Drawing from the Singapore experience, this chapter explores the financial planning mechanisms available to persons with special needs which currently exist through legislation and various government and non-profit initiatives. It then considers several case studies of financial abuse of persons with special needs to expose the potential systemic weaknesses in the current regime. The aim of the chapter is to provoke a conversation on how societies can do better by enacting laws and implementing schemes to prevent financial abuse of persons with special needs.

Individuals with cognitive impairment, whether inborn or acquired as a result of illness or accident, depend on others to manage the financial assets available for their benefit. This chapter examines the latest developments in enduring powers of attorney and special needs trusts (SNT) in Hong Kong as vehicles for financial planning for such individuals. It first examines whether the proposed reform of the enduring power of attorney will bring Hong Kong law in line with other developed jurisdictions, before outlining the advocacy efforts that led to the Hong Kong Government’s decision to launch a territory-wide special needs trust for the benefit of individuals with cognitive impairment. Finally, it examines the challenges in designing the operational framework of such a trust.

This chapter reviews the operational experience of the Special Needs Trust Company Ltd (SNTC), Singapore’s first not-for-profit special needs trust organisation. It first introduces SNTC’s present situation, including its background, the number of trust accounts, its organisational structure and the funding arrangements. It then analyses the challenges of SNTC trust in the past 10 years, including the low take-up rate and the operational difficulties at different stages, as well as SNTC’s efforts to solve them. With the prior experience, SNTC is planning to fill the service gap in the community today concerning Singaporean elderly. However, the analysis reveals that certain work processes have to be in place and improvements are necessary to support this new service.

This chapter evaluates the operation of Midwest Special Needs Trust (MSNT), an organisation created to establish and administer special needs trusts. A special needs trust is used as a fiduciary tool to serve persons with disabilities so that their assets do not affect the eligibility of means-tested social benefits. It starts with an account of the history of MSNT, and then examines the specific definitions and requirements of MSNT trust accounts, the roles and responsibilities of the Trustee and co-trustees, and the merits of MSNT. This chapter also considers important aspects of the administration of MSNT, such as the establishment and termination of trust accounts, staffing, fees and expenses, data management, and investment policy. Real-life cases are discussed throughout to show how MSNT helps to improve the quality of life of the disabled. This chapter concludes with thoughts on the future development of special needs trusts, including MSNT service enhancements and other financial tools, to assist the population with disabilities.

This chapter reviews legal instruments and avenues available for planning support for people with cognitive impairments in Australia, including adult guardianship, durable powers of attorney, representative payee and nominee appointments, and special needs disability trusts; the associated public institutions such as guardianship tribunals, office of the public advocate, and public trustees; and their interaction with service delivery programs such as the National Disability Insurance Scheme and social security. It is argued that the configuration of planning instruments, and the timing of their introduction, reflects adaption to the architecture of its welfare state, including its somewhat unique combination of extensive access to tightly means-tested income support (and reforms to overcome tax minimisation or avoidance), the absence of any expectation of family support, and acceptance of state responsibility for funding of services for disabled people least able to care for themselves.

The chapter examines the law and practice of guardianship in the Canadian province of Saskatchewan, particularly the role of the government in safeguarding the interests of individuals with cognitive impairments; and the scope, effect and practical application of The Adult Guardianship and Co-decision-making Act. It also outlines the steady development of guardianship in Saskatchewan, from a highly intrusive instrument to one that advocates supported decision-making to maximise independence and free choice. This new framework allows guardianship to integrate with financial and other planning tools to secure the well-being of persons with cognitive impairments. The chapter concludes with a brief discussion of the role of guardianship in jurisdictions that, unlike Saskatchewan, have established a broad-based special needs trust to assist families in financial planning.

This chapter examines adult guardianship and powers of attorney in England and Wales today. Section I considers the origin of modern adult guardianship law in Roman law and traces its development in English common law through to the current legal and institutional infrastructure of mental capacity jurisdiction. It then introduces the procedures of appointing a deputy, and evaluates the safeguards provided by the Office of the Public Guardian. Section II focuses on the policy considerations underpinning the legislation on enduring and lasting powers of attorney, the development of policy and legislation over the past 35 years, and potential developments in the foreseeable future. The author also compares deputyship with attorneyship, and explains the advantages of the former over lasting powers of attorney.