If the plan holder of a disabled adult's RDSP dies, who takes over as holder in Ontario?
When an RDSP holder dies, a new holder has to be put in place before the plan can keep operating, since every RDSP needs an active holder managing it. Who that is depends on the beneficiary's own circumstances. If the adult beneficiary has the legal capacity to manage their own affairs, they may be able to become their own plan holder. If they don't have that capacity, someone with legal authority over their property — such as an attorney under a Continuing Power of Attorney for Property, or a court-appointed guardian of property — would generally need to step in, or in some cases a specific arrangement recognized under the federal program may apply.
This is one of those situations where Ontario decision-making law, including powers of attorney and guardianship, and the federal rules governing the RDSP itself intersect. The right path depends on both what legal authority already exists for the beneficiary and what the RDSP issuer requires to recognize a new holder.
If you're involved in caring for an adult with a disability who has an RDSP, it's worth confirming now, before a death happens, what legal authority is already in place, since arranging it in advance avoids delay later.
Key takeaways
- A new holder must be appointed before an RDSP can keep operating after the prior holder dies.
- An adult beneficiary with capacity may become their own holder.
- Without capacity, an attorney for property or court-appointed guardian is often needed.
- Confirm existing legal authority and the issuer's requirements before a crisis arises.