LTD Surveillance in BC

“Why do I feel watched?”

LTD Surveillance in BC — What’s legal, what’s not, and how to protect yourself

By Tim Louis, Long-Term Disability Lawyer, Vancouver

If you’re on long-term disability and you’ve caught yourself glancing at a parked car a little too long, you’re not overreacting. Feeling watched can be unnerving. I’ve sat with many clients who whisper about ordinary moments—getting the mail, buying groceries—because they worry a short clip could be used to say, “See? You’re fine.”

You deserve dignity while you heal. My job is to keep this human and clear. I’ll show you what insurers can and can’t do, and the simple steps that protect your privacy and your claim. No drama. No jargon. Just calm, practical guidance.

If you’re here because someone mentioned “surveillance,” or an adjuster hinted at a “home visit,” you’re not alone. Let’s slow this down, get the facts straight, and make a plan you can live with.

What surveillance actually looks like in LTD claims (BC & Canada)

A car parked near your home filming from the street or a public lot
Someone following at a distance in public places (sidewalks, parks, shops)
Still photos or short clips of errands and brief activities
Social media monitoring of public posts, tags, and location check-ins
Occasional “home visit” or field interview request from an insurer representative

Why do they do it?

Insurers use surveillance as a credibility check—comparing short snapshots of your day to what’s written in the file. The problem is that a clip rarely shows pain, help from others, or the crash that follows.

Surveillance during an LTD claim is generally lawful in public places in BC, but not inside your home or other private spaces. If you think you’re being filmed, don’t confront anyone. Note the date, time, and location; keep living within your provider-advised limits; and save any insurer letters. If footage is later raised, you can request copies and respond in writing.

What’s legal vs. over the line

Surveillance around LTD claims sits inside BC’s privacy rules. In short: public places are fair game; private spaces are not. Your home is your refuge.

Generally allowed

Filming from public spaces (streets, parks, store parking lots).
Viewing public social posts you (or friends) have made visible.
Observing comings and goings without blocking you or engaging.

Not OK

Trespassing or filming inside your home (windows, porch, backyard beyond what’s plainly visible from the street).
Listening devices or recording private conversations.
Coercing passwords or demanding “full access” to private accounts. You never have to share passwords.

BC note: Our rules flow from PIPA (Personal Information Protection Act) and are overseen by OIPC BC. If something feels intrusive, say you’ll respond in writing and ask for the request to be put in writing. You’re entitled to a reasonable expectation of privacy in your home and other private spaces.

Social media: the clip that doesn’t show your pain

A smiling photo doesn’t show the crash that followed. Social posts capture good moments, not the hours you paid for later. Insurers know this—and still try to use posts as “gotcha” material. Canadian cases increasingly treat social content as evidence, and law firms (including Cuming & Gillespie LLP) have written about how posts can be misread in injury and disability matters. Context matters.

Practical risks

Old photos resurface and look recent.
Good-moment bias: a single upbeat post hides the recovery that followed.
Tags & check-ins you didn’t initiate.
Location data that paints the wrong picture.

Simple privacy tune-up (5 minutes)

Set accounts to private. Review your followers.
Turn off location and auto-tagging. Ask friends not to tag you.
Check past posts. Remove anything misleading or add a caption with date/context (e.g., “2019 photo; needed help after 10 minutes”).
Avoid “performance posts.” Don’t measure steps, distances, or chores online.
Never share passwords with an insurer or investigator.

If an adjuster cites a post

Ask for a screenshot with date/time and where they found it.
Provide your context in writing (help you had, duration, pain flare after).
Ask your doctor for a short note restating functional limits to put the post in perspective.

You don’t need to disappear from the internet—you just need your online life to reflect your real limits, not a highlight reel.

Home visits & field interviews — do I have to let them in?

Short answer: no. You don’t have to invite an insurer or investigator into your home. If you’re uncomfortable, you can offer a neutral meeting place, a short phone/video call, or written questions with a reasonable deadline. Ask for the request in writing first—who’s attending, why, what topics, how long, and whether it will be recorded.

Why I’m cautious about home visits

Your living space can be misread. A tidy kitchen can be spun as “fully functional.” A brief walk to the door can be framed as “no mobility limits.” You’re allowed to set boundaries that protect your privacy and keep the focus on your actual medical limits.

How to handle a request (calm and firm):

“Please send your questions and the purpose of the meeting in writing.”
Offer alternatives: 10–15 min phone/video or written Q&A.
Keep it short and on topic; you can have a support person with you.
Take your time answering; do not demonstrate tasks or push past your limits.
Afterward, write down what was asked and how long it lasted.

Do I have to let them in? No. Offer an alternative and ask for everything in writing.

Can I record? Ask for permission or take careful notes.

What if they show up unannounced? You can decline at the door and request a written appointment.

If you’ve received a home-visit or field-interview notice, let’s review it together and set clear, respectful boundaries before you respond.

Talk to Tim Louis & Company today
📞 (604) 732-7678
📧 timlouis@timlouislaw.com
🌐 www.timlouislaw.com

We’ll help you choose the safest option and keep your claim on steady ground.

How surveillance is used against you — and how we put it back in context

A 20-second clip can’t show a full day. It doesn’t show the help you needed to get ready, the breaks you took, or the pain that hit you later. I’ve seen short videos turned into big claims about “ability.” Our job is to slow that down and put the whole story back on the page.

If an adjuster cites footage, take these steps (calm and in writing):

Ask for everything: the video, still photos, dates and times, location, and the investigator’s report/log.
Use this line: “Please send me copies of all surveillance materials, including dates/times and the investigator report.”
Add the context the camera missed: how long you were active, who helped, mobility aids used, breaks taken, and what the flare looked like afterward (pain, fatigue, recovery time, medication).
Ask your doctor (or therapist) for a short note that restates your functional limits (e.g., standing 5–10 minutes, lifting <5 kg, needs rest after light activity).
Keep copies of all emails/letters and note every call (date, time, who you spoke with).

If you’ve been told “we have surveillance,” don’t panic and don’t argue on the phone. Send the short request above, then reach out and I’ll guide you step by step.

Stay honest, consistent, and protected

Start by living within the limits your care team has set and make a simple daily record. Two lines are enough. Write what you did and how you felt afterward, for example “Walked to mailbox for five minutes. Needed to rest for twenty minutes with increased pain.”

If you notice someone filming, do not confront them. Make a note of the date, time, and location, then continue your day within your medical limits. Your calm record will matter more than any brief clip.

Tidy your online presence so it matches real life. Set profiles to private, turn off location sharing and auto-tagging, and add dates or context to older photos if you keep them.

Save every letter and email from the insurer and try to keep your replies short and in writing. You can use a simple line such as “Please confirm in writing and I will respond by [date].”

Ask your doctor or therapist for short, plain-language notes that restate your functional limits. A sentence or two about standing time, lifting limits, or the need for breaks can put any video or social post back in proper context.

Quick Answers

Can they film me in public? Sometimes, yes—on sidewalks, in parks, or parking lots. They cannot film inside your home or other private spaces. Do I have to allow a home visit? No. You can offer a brief phone or video call or ask for written questions and respond in writing. Can they use my Facebook posts? Public posts can be reviewed, but they often lack context. Keep accounts private and add dates or clarifying captions to old photos. What if there’s video of me walking? Ask for the footage, dates, times, and the investigator’s report. Add your context (help needed, duration, pain after) and ask your doctor for a short note confirming your functional limits.

When to call Tim Louis

Call if you’ve received a denial or cut-off letter, if anyone mentions surveillance, if you’re asked to schedule a home visit or field interview, or if you get an IME notice. We’ll review your policy, request the file materials, and prepare a calm, written response that keeps the focus on your real limits and medical evidence. Talk to Tim Louis & Company 📞 (604) 732-7678 📧 timlouis@timlouislaw.com Start here: /long-term-disability-lawyer-vancouver-bc/

I’m Tim Louis. If you’re on long-term disability and worried about surveillance, here’s what matters: In BC, filming in public places can be lawful, but not inside your home or other private spaces. Treat social media carefully—keep accounts private, avoid location tags, and add dates or context to old photos. You never have to allow a home visit; ask for a short call or written questions instead. If an adjuster mentions video, request copies with dates, times, and the investigator’s report. Before you respond, call me at (604) 732-7678 or email timlouis@timlouislaw.com.

FAQs: quick, clear answers for BC LTD surveillance

Can an insurer film me in public?
Sometimes. In BC, filming from public places can be lawful. They can’t film inside your home or other private spaces. If you notice filming, don’t confront anyone. Note the date, time, and location, then continue within your medical limits.

Do I have to allow a home visit?
No. You can decline and offer a short phone or video call or ask for written questions. Request the purpose, attendees, topics, and timing in writing before you agree to anything.

Can they use my Facebook or Instagram against me?
Public posts may be reviewed, but they often lack context. Keep accounts private, turn off location tags, and add dates or context to old photos so your online life reflects your real limits.

What should I do if an adjuster says they have video?
Ask for copies of all materials with dates and times, plus the investigator’s report or log. Add your context in writing—help received, duration, breaks, and the flare that followed—and ask your doctor for a short note restating functional limits.

Does surveillance mean my claim will be denied?
Not by itself. It’s one piece of evidence. Short clips can be misleading; we respond by grounding everything in your medical records, daily notes, and provider guidance.

How long will they watch me?
It varies. Surveillance is usually short bursts over a few days. Keep living within your provider-advised limits and documenting your reality. Consistency is your best protection.

Can I record calls with the insurer?
Take careful notes and confirm important points by email. If you plan to record, say so and get consent. Written follow-up is often the safest way to avoid misunderstanding.

Can they follow me into clinics or private places?
No. Your reasonable expectation of privacy applies in private spaces. If something feels intrusive, ask for the request in writing and seek advice before responding.

Should I delete old posts?
Deleting can raise questions. Better: set accounts to private, turn off tagging, and add date/context captions. Ask friends not to tag you without checking first.

What if the video shows me walking or lifting once?
A single moment doesn’t reflect your day. Request the footage and report, then explain duration, help required, and after-effects. Ask your doctor for a brief note confirming your restrictions.

Do I need to tell my doctor about surveillance?
Yes. Share any footage references or letters. Your provider’s clear, plain-language note about functional limits helps put clips in context.

Can surveillance lead to an IME?
Sometimes. If you receive an IME notice, call before you respond. We’ll review the letter, your policy, and your medical records, then prepare you with a simple plan.

Conclusion & next steps

Feeling watched is stressful. You deserve dignity while you heal, and you don’t have to handle this alone. If surveillance, a home-visit request, or an IME is on your mind, let’s look at it together and respond calmly, in writing, with your medical story front and centre.

Talk to Tim Louis & Company
📞 (604) 732-7678
📧 timlouis@timlouislaw.com
🌐 www.timlouislaw.com
Start here: /long-term-disability-lawyer-vancouver-bc/

Henson Trusts for Disabled Beneficiaries in BC

Henson Trusts for Disabled Beneficiaries in BC – Insights from Estate Lawyer Tim Louis

By Estate Lawyer Tim Louis

If you have a loved one living with a disability, estate planning must balance compassion with legal precision. Families often worry about how to leave an inheritance without putting vital disability benefits at risk. In British Columbia, a Henson Trust is one of the most effective tools to protect both financial stability and quality of life for a disabled beneficiary.

A Henson Trust is a special type of discretionary trust. It allows you to provide long-term support for your loved one while ensuring they remain eligible for government disability assistance programs. Unlike a standard inheritance, funds placed in a Henson Trust are managed by a trustee who has full discretion over distributions. This structure means your loved one receives the benefit of your estate without losing essential medical and financial supports.

At Tim Louis & Company, we understand how important it is to create security for your family while preserving dignity and independence. With the right plan, you can be confident your estate will protect—not disrupt—the future of those you care for most.

Protect Your Loved One’s Future — Book a Free Consultation

What is a Henson Trust?

A Henson Trust is a type of discretionary trust designed to protect the inheritance of a person living with a disability. Unlike a standard trust, the beneficiary of a Henson Trust has no legal right to demand payments. Instead, the trustee has full discretion over when and how funds are distributed. This discretionary structure is what allows the beneficiary to maintain eligibility for government disability benefits such as BC’s Persons with Disabilities (PWD) program.

The concept originates from the landmark Ontario case Henson v. Ontario (Director of Income Maintenance, 1989). In that case, the court ruled that because the disabled beneficiary could not compel payments, the trust assets could not be counted against her when determining eligibility for government assistance. This precedent gave rise to what is now known across Canada as the Henson Trust.

What sets a Henson Trust apart from an ordinary trust is its protective function. In a regular trust, distributions may be required at set times or in set amounts, potentially disqualifying a beneficiary from much-needed disability supports. A Henson Trust, by contrast, ensures that funds are available for extras—such as improved quality of life, medical equipment, or housing—while core government benefits remain intact.

In British Columbia, Henson Trusts are recognized as a crucial estate planning tool for families who want to provide for a disabled loved one without risking their financial security.

Why Henson Trusts in BC

In British Columbia, many families rely on the Persons with Disabilities (PWD) program to provide essential financial and medical support for a loved one living with a disability. According to the BC Government’s Disability Assistance program, eligibility depends on strict asset and income limits. An inheritance received directly by a person with PWD status can easily exceed these thresholds, resulting in the suspension or loss of benefits.

This is where a Henson Trust becomes indispensable. By placing assets into a trust that is fully discretionary, the beneficiary never has control or ownership of the funds. Since the trustee decides when and how to make distributions, the Ministry cannot count the trust as part of the beneficiary’s personal assets. This ensures continued access to vital disability assistance while still allowing the family’s inheritance to enhance quality of life.

Without a Henson Trust, families may unintentionally jeopardize a disabled heir’s long-term financial stability. Even a modest inheritance can interrupt monthly disability payments, medical coverage, and supplementary benefits. Reinstating those benefits can be complex, stressful, and sometimes impossible.

Henson Trusts provide peace of mind. They give families confidence that their planning will protect, not disrupt, the future security of their loved ones. For individuals with disabilities, it means maintaining dignity, independence, and financial stability — while still benefiting from the legacy left behind.

Q: Does a Henson Trust protect disability benefits in BC?
A: Yes. A properly drafted Henson Trust ensures that assets do not count toward a beneficiary’s financial eligibility for provincial disability assistance, allowing them to keep essential PWD benefits while receiving long-term support.

How a Henson Trust Works

A Henson Trust is built on a simple but powerful principle: the assets placed inside the trust are not legally considered the property of the beneficiary. This is achieved through the full discretion granted to the trustee.

Trustee’s Role and Discretion

The trustee has absolute control over the trust. They decide if, when, and how much money is distributed to the disabled beneficiary. Because the beneficiary cannot demand funds or require distributions, government agencies such as the BC Ministry of Social Development and Poverty Reduction cannot treat the trust’s assets as belonging to the beneficiary. This preserves eligibility for the Persons with Disabilities (PWD) program and other supports.

Beneficiary Protection

Without this discretionary structure, an inheritance could be treated as income or assets in the beneficiary’s name — potentially disqualifying them from PWD assistance. With a Henson Trust, however, the funds are available to improve quality of life without undermining essential benefits. The trust acts as a financial safety net that sits alongside, not in place of, provincial support.

Funding Options

A Henson Trust can be created and funded in several ways:

Through a will – ensuring an inheritance is directed into the trust rather than to the beneficiary directly.
Through life insurance – by naming the trust as the policy beneficiary.
Through estate assets – allocating accounts, property, or investments into the trust.

Each method gives families flexibility in planning how to protect their loved one’s future.

Putting It All Together

In practice, a Henson Trust often provides for “extras” that disability benefits do not cover: enhanced housing, medical equipment, therapies, or travel. This allows a disabled heir to live with greater comfort and dignity, while continuing to receive crucial government benefits.

Benefits of a Henson Trust

A Henson Trust offers families more than legal protection — it provides peace of mind. By shielding assets from being counted as a disabled person’s property, it allows beneficiaries to preserve their disability benefits while still receiving the support of an inheritance. This ensures that essential programs, like BC’s Persons with Disabilities (PWD) assistance, remain intact.

Beyond benefit preservation, a Henson Trust creates long-term financial security. Families can be confident that resources will be available for housing, medical needs, therapies, or other life-enhancing supports. Because the trustee controls when and how funds are used, money is managed responsibly and lasts longer.

A well-drafted Henson Trust also helps reduce family disputes. By clearly outlining the role of the trustee and the purpose of the trust, it minimizes the risk of conflict among heirs and provides legal certainty during what can otherwise be a difficult time.

Most importantly, a Henson Trust supports the dignity and independence of a person living with a disability. It ensures that they can enjoy a better quality of life, without the fear of losing government assistance or becoming financially vulnerable.

Speak with Tim Louis & Company about how a Henson Trust can safeguard your family’s future.

Risks and Considerations

While a Henson Trust is a powerful estate planning tool, it is not without challenges. Families must carefully weigh the following considerations to ensure the trust functions as intended.

Trustee Selection

Choosing the right trustee is critical. Since the trustee has full discretion over how and when to distribute funds, they must be trustworthy, financially responsible, and committed to acting in the beneficiary’s best interests. Poor trustee selection can lead to mismanagement or family conflict.

Legal Drafting Errors

Henson Trusts must be drafted with precision. If the wording does not clearly establish the discretionary nature of the trust, government agencies could treat the assets as belonging to the beneficiary — jeopardizing disability benefits. Working with an experienced lawyer is essential to avoid these mistakes.

Compliance with BC Law

Although recognized across Canada, Henson Trusts must comply with British Columbia’s estate and trust laws. Local statutes and case law can affect how the trust is interpreted. Without proper compliance, the protective features may be weakened.

Need for Regular Review

Laws and government benefit programs evolve. A Henson Trust that works today may require adjustments in the future. Families should review their estate plans regularly to ensure continued protection.

Q: Who should act as trustee for a Henson Trust?
A: A trustee should be a reliable individual or institution who can manage funds responsibly, act impartially, and always prioritize the disabled beneficiary’s best interests.

Henson Trust vs Other Planning Tools

When planning for the future of a disabled beneficiary, families often compare different financial and legal tools. While each option can play a role in estate planning, a Henson Trust offers protections that others cannot.

Registered Disability Savings Plan (RDSP)

An RDSP is a government-registered savings plan that allows families to set aside money for a person with a disability. Contributions can grow tax-deferred, and the plan may qualify for government grants or bonds. However, RDSPs have strict rules about withdrawals, age limits, and maximum contribution periods. Unlike a Henson Trust, funds in an RDSP are considered an asset of the beneficiary and may impact eligibility for certain benefits if withdrawals are not carefully managed.

Other Discretionary Trusts

A standard discretionary trust can also allow a trustee to decide how funds are distributed. However, if it is not structured with the specific protective features recognized in Henson v. Ontario, the assets may still be considered available to the beneficiary. The Henson Trust is unique because the beneficiary has no enforceable right to demand payment — the key feature that preserves disability benefits.

Joint Accounts

Some families attempt to use joint accounts with a parent or sibling to manage funds for a disabled loved one. While simple in appearance, joint accounts are risky. They expose funds to the joint owner’s creditors, divorce proceedings, or estate disputes after death. They also lack the clear legal protections and accountability built into a Henson Trust.

Q: What’s the difference between a Henson Trust and an RDSP?
A: An RDSP is a government savings plan with grants and strict rules on contributions and withdrawals, while a Henson Trust is a discretionary trust that protects eligibility for disability benefits by keeping assets out of the beneficiary’s control.

Case Example: Protecting a Loved One’s Future

Consider a Vancouver family with an adult daughter, Emily, who receives Persons with Disabilities (PWD) benefits. Her parents want to ensure that when they pass away, Emily is financially secure — but they are worried that a direct inheritance could disqualify her from provincial assistance.

Working with their estate lawyer Tim Louis, they establish a Henson Trust in their wills. Instead of leaving money directly to Emily, they direct the inheritance into the trust. A trusted family friend is appointed as trustee, with full discretion over how and when to provide financial support.

After her parents’ passing, Emily continues to receive her PWD benefits because the inheritance is not considered her personal asset. At the same time, the trustee can use the trust to pay for extras: improved housing, therapies, medical devices, and even small luxuries that enhance her quality of life.

This planning strategy — recommended by advocacy organizations such as Disability Alliance BC — allows families to protect government benefits while still providing meaningful financial support.

Plan Ahead with Confidence — Free Consultation

How Tim Louis & Company Can Help

At Tim Louis & Company, we bring over 40 years of experience helping Vancouver families navigate the complexities of estate planning, wills, and disability law. Our firm understands that planning for a loved one with a disability requires both legal precision and compassion. Every family situation is unique, and we take the time to create tailored solutions that safeguard benefits, reduce risks, and promote dignity and independence.

We have successfully guided many families through the process of setting up Henson Trusts, ensuring their loved ones remained eligible for Persons with Disabilities (PWD) benefits while still receiving meaningful financial support.

“Found Tim to be very knowledgeable at helping us to protect the financial future of our daughter with special needs.” — Phyllis Siu, ★★★★★ Google review

When you work with Tim Louis & Company, you can expect clear advice, proven strategies, and unwavering support every step of the way.

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Month: October 2025