The Government of Ontario has asked the Law Commission of Ontario to undertake a project
to consider how federal Registered Disability Savings Plans might be
more accessible to adults with intellectual disabilities. The RDSP is a
vehicle created by the federal government to provide future support for
persons with disabilities. The competence of adults with intellectual
disabilities might be questioned if they seek to open or withdraw funds
from an RDSP. The federal government has put in place a process for
addressing this issue, but it is only temporary. Otherwise, in Ontario,
the only way this can be addressed is through an expensive and lengthy
competency proceeding. Accordingly, the Ontario Government wishes to
create an alternative process. The project will benefit from the work
being carried out in the capacity, decision-making and guardianship
project, but will be separate from that project and will be operating on
a different timeline.
The LCO has begun this project and will soon create an advisory group to assist Sarah Mason-Case, the LCO’s Research Lawyer, who will be responsible for the research and writing in this project.