Public Consultation on Proposed Henson Trust legislation in Alberta

August 29, 2017

For Immediate Release

August 24, 2017

NDP MLA seeking public input for proposed Henson Trust legislation in Alberta


CALGARY – Brian Malkinson, MLA for Calgary – Currie, is inviting stakeholders to discuss a

policy idea seeking to establish Henson Trusts in Alberta.


MLA Malkinson welcomes feedback from stakeholders, caregivers, self-advocates in the

disability community, and members of the public regarding the removal and clarification of some

specific AISH regulations, grace periods for cash assets and ensuring there is no cap on the

amount in trust.


The final consultation will be held on Wednesday, August 30, 2017 at Vecova (3304 – 33 Street

NW, Calgary) from 10:00 a.m. to 12:00 p.m., and the MLA will share some of the feedback

already received.


A Henson Trust (or an ‘absolute discretionary trust’), in Canadian law, is a type of trust designed

to benefit disabled persons. It protects the assets (typically an inheritance) of the disabled

person, as well as their right to collect government benefits and entitlements, such as AISH.


“This is a longstanding problem that was brought to my attention by the community. I heard loud

and clear from parents and self-advocates during my consultations that they want to ensure

continuity of care for their children after they are gone. Allowing a Henson Trust for AISH

recipients will help do that.”

– Brian Malkinson, MLA Calgary-Currie


“Inclusion Alberta, on behalf of the thousands of families and individuals with developmental

disabilities we represent, wishes to express its appreciation for the thoughtful consultative

approach Calgary-Currie MLA Brian Malkinson has taken in forming this policy idea that, to the

great relief of parents, may finally allow them to establish discretionary trusts for the future

benefit of their children with disabilities as is the case across the rest of Canada.”

– Bruce Uditsky, CEO of Inclusion Alberta


Alberta is the only province in Canada that does not have this protection for persons with





For more information, please contact:

Signe Spence or Lizette Tejada


Calgary-Currie constituency office

2108B 33 Avenue SW

Calgary, AB T2T 1Z6