What should I consider when choosing a trustee for a Henson trust in Ontario?

Because the trustee's genuine, independent discretion is what makes a Henson trust work for ODSP purposes, the person or people you choose need to be capable of exercising real judgment over time, not simply rubber-stamping requests, and not the beneficiary themselves, since that would undermine the trust's protective structure. Look for someone who's organized, financially responsible, and willing to take on an ongoing administrative role that could last many years or even decades, since Henson trusts often need to operate for the beneficiary's entire lifetime.

Family dynamics matter too. A trustee who has a difficult relationship with the beneficiary, or who might face pressure from other family members about how trust funds should be used, can create real problems down the road. Naming co-trustees, or a trustee plus a named successor if your first choice becomes unable or unwilling to continue, adds resilience. For larger or more complex trusts, or where family conflict is a concern, a professional or corporate trustee, such as a trust company, is sometimes used instead of, or alongside, a family member.

Discuss your specific family situation, the trust's expected size, and potential conflicts with a lawyer, since the right trustee choice depends heavily on circumstances that vary a great deal from family to family.