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This independent Living Trust is made the ________ (day) of __________________________ (month and year) by:
Name and address of trustee ______________________________________________
______________________________________________
______________________________________________
Name and address of trustee ______________________________________________
______________________________________________
______________________________________________
Name and address of trustee ______________________________________________
______________________________________________
______________________________________________
Hereinafter to be called 'the Trustees'
1. The Trustees agree to act on behalf of (name) ______________________________________________
of (address) ____________________________________
______________________________________________
______________________________________________
to help them manage the money provided to them under the Community Care (Direct Payment) Act 1996 to enable them to purchase their own care and live independently.
2. An account has been opened at ________________________
Bank ("The Account"), which will be specifically and only used for the Direct Payments
or
_________________________ (name of support service) will hold the money on our behalf
3. The money in the Account, and any accruements to it will hereafter be called 'The Trust Fund'.
4. The Trustees wish to declare the trusts on which they hold the Trust Fund and the income thereof.
(This means that the trustees accept responsibility for the money which is held in the Trust Fund)
The deed witnesses as follows:
1. From the date fo this deed, the Trustees shall hold the Trsut Fund and the income from it upon trust for the care and support of______________________________ and make payemnts frmo it, in their discretion, to support _________________________ in an Independent Living Scheme.
2. The Trustees shall hold the Trust Fund for this purpose until such time as _____________________ ceases to live independently, or dies, whichever occurs first.
3. Subject to the provisions of clause 2, the Trust Fund will be held by the Trustees and all obligations and outgoings will be met by them.
4. The Trustees, or the survivor of them, shall have the power to appoint a new Trustee or Trustees
5. If the number of Trustees falls below three, the remaining Trstees will appoint an additional one. If the number falls below two, immediate steps will be taken to appoint a new Trustee so that there is no minimum of two Trustees at any time.
6. A Trustee shall be entitled to exoneration and indemnity from the Trsut Fund for any liability loss or expense incurred under this deed or for any judgement other than arising out of his or her own wilful and individual fraud, wrongdoing or neglect.
(This means that is the trustees are sued because the Trust Fund
becomes liable for something (e.g. employment claim, damage to property, etc.) the Trustees should be able to recover any financial loss from the Trust Fund)
SIGNED as a deed by the said (name) ____________________
In the presence of (name of witness) _____________________
SIGNED as a deed by the said (name) ____________________
In the presence of (name of witness) _____________________
SIGNED as a deed by the said (name) ____________________
In the presence of (name of witness) _____________________
Information from a publication provided by the national Children's Bureau - 'direct experience' by Jeanne Carlin and Christine Lenehan 2004
The information here was provided by Norfolk County Council for the publication.
