User Controlled Trusts
In this guide, we’ll cover all you need to know about user controlled trusts. We’ll explain what they are and how they work. We’ll outline the pros and cons. And we will explain how to get one. By the end, you should know if a user controlled trust is thee right option for you.
What is a user controlled trust?
A User Controlled Trust is a way of managing an Individual Service Fund (ISF) budget. It puts a group of trusted people in charge of making decisions about how the money is spent. This could be a group of family, friends, and professionals. These people work together to make sure the money is used in the best interests of the person.
Who might benefit from a user controlled trust?
People with complex needs
A user controlled trust is a good option for people with high-level needs. Because they may not have the capacity to manage their own support.
People with a close network
It may also be a good option for people with a close network. Some people may want help when making decisions about their care. This can be a more collaborative approach to managing care.
Key features of a user controlled trust
The Trust
The Trust is made up of the person receiving support and a group of trusted people. This could include:
Family members
Friends
Advocates
Professionals
Control and Decision-Making
Together, the trust decide:
How to use the personal budget.
How to best meet the person’s care and support needs.
Legal framework
The trust is a formal arrangement. Its aim is to ensure that the money is managed safely, fairly, and in the best interest of the person. A written agreement explains how the trust will work. This will include how the budget is handled and who’s responsible for what. This helps protect you and ensures the money is used properly.
The trust must...
Open a bank account
The Trust must open a bank account with at least two people who can approve payments.
Organise insurance
They must take out the right insurance.
Follow rules
They must follow the rules in your care and support plan to meet your personal goals.
Pros and cons of user controlled trusts
It’s important to weigh out the pros and cons to decide if residential care is right for you.
Pros
Person-centered
The person receiving support is at the center of all the decisions. The trustees will focus on the person's wants, needs, and goals.
Trust and accountability
The trustees have a moral and legal duty to act in the person’s best interests. They must ensure responsible management and accountability. The supported person should trust their trustees. This will help the person feel confident in the decisions the trust make.
Complex to set up
Creating a trust requires many steps. Including:
• Having formal agreements written.
• Opening bank accounts.
• Purchasing insurance.
This can take time and effort.
Cons
Changes to support are slow
Trustees need to follow formal steps to make changes. This can involve:
• Discussions
• Approvals
• Proper documentation
This makes sure all changes are legal and follow the trust’s rules and the care plan. But this also means changes can take time.
Legal and financial structure
The legal framework is there to protect everyone in the trust. It helps ensure the money is spent properly and clearly.
Costly to set up
Setting up and running a trust may involve costs. Including legal fees or insurance premiums.
I think a user controlled trust is right for me. What are the next steps?
To get funding, you need to speak with Cornwall Council. They will assess your needs and finances to see if you qualify for care and support. If you do qualify, you can choose to get this as a user controlled trust.
Start the process by...
Requesting a Needs Assessment
To request a needs assessment, follow the link below and complete the form.
Checking your Financial Eligibility
Find out if you’re likely to meet the financial criteria. Use the Council’s eligibility checker.
Explore other budget options...
Direct Payment Guide
Get full choice and control with a Direct Payment! You get the money directly into your bank account. And you take full control over arranging and paying for your own support.
Individual Service Fund Guide
You stay in control of your support decisions without the admin! You choose an organization to manage your budget and the support you get.
Home Care Guide
Use your budget to access domiciliary care. A professional will help with everyday tasks in your own home. This could be anything from cooking to personal care.
