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Independent User Trust

(Also known as User-controlled Trusts)

A formal legal arrangement whereby a group of trustees manage funds on behalf of a person who does not have the Capacity or ability to manage their own financial arrangements. They can be set up to help manage Direct Payments, but they can also manage other money, including social security benefits.

Trustees can be carers, family members, friends, neighbours or professionals. There must be a minimum of two trustees.

The trustees have a duty to act in the best interests of the person for whom the trust is set up. They must not make a personal profit from the trust, and they have to be careful that their duties under the trust don't conflict with their own interests.

A written constitution sets out the responsibilities of the trustees. The contents will depend on the individual circumstances, but may make provision for matters such as who will be responsible for paying and supervising personal assistants or paid carers, how often the trustees will meet to review arrangements, and resignation and appointment of trustees.