Frequently Asked Questions
Who will look after the interests of my disabled family member when I no longer can?
While there are organisations which will probably look after your disabled family member when you are no longer able, they cannot guarantee that his or her needs will be taken care of in the way your family would wish.
The Hawkevale Trust was established to support parents in making arrangements that are carried out according to their wishes.
Does The Hawkevale Trust provide day to day care for my disabled family member?
No, such care is provided by other organizations and generally funded by a State Government grant. The Hawkevale Trust can assist in seeking such a grant and monitors the care being provided.
Where can I go for information that will assist me in making future plans for my disabled family member through my Will?
The Hawkevale Trust provides a free Will advice service that assists you through the planning process and takes account of the needs of your disabled family member. The Trust does not draft the Will but provides information and contacts to have your Will prepared.
Will The Hawkevale Trust act as Executor to my Will?
No, The Hawkevale Trust is a body which cannot act as trustee under the law relating to Probate. Only Trustee companies or individuals can be nominated as Executor.
Can I leave our family home for my disabled family member to continue to live in, with an assurance for his or her continued wellbeing?
Yes. The Trust can assist you through its Accommodation and Property Trust Service.
How does the Trust ensure the necessary support services are available?
The Accommodation and Property Trust Service ensures the disabled family member can continue to live in the family home and share with two or three other compatible people. The Trust negotiates with organisations that provide relevant services to provide support for their clients who are residents of the home and also for the Trust's client. The Trust may also use the rent received from the property to pay for support care.
How can I ensure money or assets that I leave my disabled family member will be managed as I wish, addressing financial aspects and personal needs?
The Hawkevale Trust can establish a Managed Trust Fund that will be handled in accordance with your wishes. The Hawkevale Trust also has the expertise to ensure the personal needs of your disabled family member will be maintained.
What are the Social Security implications of establishing a Managed Trust Fund for my child with a disability?
From September 2006, parents and immediate family members can establish a Special Disability Trust of up to $500,000, to be indexed each July, without triggering the "gifting" provisions of the Social Security legislation. The Hawkevale Trust's Managed Trust Fund service meets the necessary conditions.
Can my disabled family member make a Will?
Yes, if he or she has Testamentary Capacity i.e. he or she is able to give instructions to a Will maker and understand the implications of those instructions.
Can I make funeral arrangements for my disabled family member with The Hawkevale Trust?
Yes, the Trust can assist you with information and specific arrangements that the Trust will ensure will be carried out.
Can I nominate a guardian for my adult disabled family member?
Yes, you can nominate a guardian. However, the Guardianship and Administration Board will decide on the suitability of a guardian and the type of guardianship necessary.
