There are now many people with learning difficulties receiving Direct Payments to allow them to choose and be responsible for their own care packages.

Some of these care packages are administered through an Independent Living Trust (also called a User Controlled Trust). Trusts consist of a group of people who support someone who may not communicate verbally or have limited communication, to have their wishes interpreted and to ensure they remain the focal point of any decision making regarding their care.

A Trust should legally consist of a minimum of two people who may be family members or anyone who would ensure  the person receiving the Direct Payment has maximum independence.  New trustees can be appointed at any time and can resign from the Trust at any time should they not wish to continue being a trustee.

In some cases when it may have been deemed uncertain whether a person may have been eligible to receive a Direct Payment due to issues of consent and control, the implementation of a Trust has given them the opportunity to receive the Direct Payment and to have ultimate responsibility to how it is used along with the full and unanimous support of the Trustees.

User Controlled Trusts will enable people to:

Employ staff directly or buy in care from an agency
Operate a bank account  
Ensure individual needs are met and people receive the support they really want

There are some legal implications to setting up a User Controlled Trust and Trustees should:

Agree with and subscribe to the aims of the Trust
Investigate any suspected ‘breach of trust’
To declare all conflicts of interest

Independent Living Trusts have proven very successful for people allowing them to remain the central focus and  ultimate decision maker while receiving high quality support from trustees.

If you would like more information about User Controlled Trusts please ask your Independent Living Adviser who will be happy to help.