This Declaration of Trust Is Made

This DECLARATION OF TRUST is made the …… day of ……… 20..

Name and address of Trustees

Name / Address

Hereinafter together to be called “the Trustees”.

WHEREAS:

The Trustees agree to act on behalf of…………… (Direct Payment recipient)

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.

An account has been opened at (name of Bank) or (Address of bank) under the name of the Trust, which will be specifically and only used for the direct payments.

Money will be paid into the above Bank Account on a monthly basis, with the payments being made in advance, by Sandwell Metropolitan Borough Council. This money will be referred to as "the Trust Fund".

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 that is held in the Trust Fund.)

NOW THIS DEED WITNESSES as follows:

1. Administration.

The Trust created by this deed (“The Trust”) shall be administered by the Trustees. (In this deed, the expression “the Trustees” refers to the individuals who are the Trustees of the Trust at any given time. It includes the first Trustees and their successors. The word “Trustee” is used to refer to any one of the Trustees.)

2. Application of income.

From the date of this deed, the Trustees shall hold the Trust Fund and the income from it upon trust for the care and support of ...... and make payments from it, at their discretion,to support ...... ……….. to live independently in the community.

The funds administered by the Trustees will be used solely for the purposes set out in ……………….. Care Plan dated ….. and Annex …….( and any subsequent Care Plan that has been drawn up for ...... …… .)

The Trustees shall hold the Trust Fund for this purpose until such time as ...... ceases to live independently, or dies, whichever occurs first.

3.Purpose and General Duties.

The purpose and general duties of the Trustees are set out in the Sandwell Direct Payments Scheme (Direct PaymentAgreement) dated…… and Annex.

In addition to the duties set out in the Direct Payment Agreement, Trustees should also fulfil the following duties:

Each member to make a personal commitment to ...... , and establish and maintain a relationship with him/her.

To actively and sensitively advocate as necessary for ...... in different aspects of his/her life.

The Trustees to meet regularly with ………. to review the care that has been arranged for him/her and adjust it as necessary.

The Trustees to take responsibility for the recruitment and supervision of Personal Assistants, and ensure that ...... ……. is happy with the care that is being provided.

Delegation.

a. In addition to their statutory powers, the Trustees may delegate any of their powers or functions to a committee of two or more Trustees. A committee must act in accordance with any directions given by the Trustees. It must report its decisions and activities fully and promptly to the Trustees. It must not incur expenditure on behalf of the Trust except in accordance with a budget previously agreed by the Trustees.

b. The Trustees must exercise their powers jointly at properly convened meetings except where they have delegated the exercise of the powers (either under this provision or under any statutory provision).

c.The Trustees must consider from time to time whether the powers or functions which they have delegated should continue to be delegated.

5.Duty of care and extent of liability.

a. When exercising any power (whether given to them by this deed, or by statute, or by any rule of law) in administering or managing the Trust, each of the Trustees must use the level of care and skill that is reasonable in the circumstances, taking into account any special knowledge or experience that he or she has or claims to have (“the duty of care”). No Trustee, and no one exercising powers or responsibilities that have been delegated by the Trustees, shall be liable for any act or failure to act unless, in acting or in failing to act, he or she has failed to discharge the duty of care.

A Trustee shall be entitled to exoneration and indemnity from the Trust Fund for any liability, loss or expense incurred under this deed or for any judgment other than arising out of his or her own wilful and individual fraud, wrongdoing or neglect.

(e.g. if the Trustees are sued because the Trust Fund becomes liable for something such as an employment claim, damage to property etc., the Trustees should be able to recover any financial loss from the Trust Fund.)

6. Appointment of Trustees.

a. It is recommended that a minimum of three and a maximum of five Trustees are appointed.

b.If the number of trustees falls below three, immediate steps will be taken to appoint a new Trustee to ensure a minimum of three Trustees at any time.

c. The power of appointing a new Trustee shall be vested in the remaining Trustees.

d. A person with expertise in a particular area can be co-opted as a Trustee for a short period.

e. Trustees can be made up of friends, neighbours and family. At least one Trustee must be an independent advocate.

7. Eligibility for Trusteeship.

a.No one shall be appointed as a Trustee:

i. if he or she is under the age of 18 years or

ii. if he or she would at once be disqualified from office under the provisions of clause 12 of this deed.

b. No one shall be entitled to act as a Trustee whether on appointment or on any re-appointment as Trustee until he or she has expressly acknowledged, in whatever way the Trustees decide, his or her acceptance of the office of Trustee of the Trust.

8. Termination of Trusteeship.

a. A Trustee shall cease to hold office if he or she:

i. Is disqualified from acting as a Trustee by virtue of section 72 of the Charities Act 1993 or any statutory re-enactment or modification of that provision;

ii. becomes incapable by reason of mental disorder, illness or injury of managing his or her own affairs;

iii. is absent without the permission of the Trustees from all their meetings held within a period of six months and the Trustees resolve that his or her office be vacated; or

iv.notifies to the Trustees a wish to resign (but only if enough Trustees will remain in office when the notice of resignation takes effect to form a quorum for meetings).

9. Calling meetings.

The Trustees must arrange at each of their meetings the date, time and place of their next meeting, unless such arrangements have already been made. Ordinary meetings may also be called at any time by the person elected to chair meetings of the Trustees, or by any two Trustees. In that case not less than ten days’ clear notice must be given to the other Trustees. The first meeting of the Trustees must be called within three months of the date of this deed, by any two of the Trustees.

10. Special meetings.

A special meeting may be called at any time by the person elected to chair meetings of the Trustees or by any two Trustees. Not less than four days’ clear notice must be given to the other Trustees of the matters to be discussed at the meeting.

11.Quorum.

Subject to the following provision of this clause, no business shall be conducted at a meeting of the Trustees unless at least two Trustees are present throughout the meeting.

12. Conflict of interest.

A Trustee must absent himself or herself from any discussions of the Trustees in which it is possible that a conflict will arise between his or her duty to act solely in the interests of the Trust and any personal interest (including but not limited to any personal financial interest).

13. Minutes.

The Trustees must keep minutes, in books kept for the purpose or by such other means as the Trustees decide, of the proceedings at their meetings. In the minutes the Trustees must record their decisions and, where appropriate, the reasons for those decisions.

14. Interpretation.

In this deed, all references to particular legislation are to be understood as references to legislation in force at the date of this deed, and also to any subsequent legislation that adds to, modifies or replaces that legislation.

IN WITNESS of this deed the parties to it have signed below.

1. Signed as a deed by:
1(a)
on this (day) of (month) (year)
in the presence of:
1(b)
Witness’s name:
Witness’s address:
2. Signed as a deed by:
2(a)
on this (day) of (month) (year)
in the presence of:
2(b)
Witness’s name:
Witness’s address:
3. Signed as a deed by:
3(a)
on this (day) of (month) (year)
in the presence of:
3(b)
Witness’s name:
Witness’s address:
4. Signed as a deed by:
4(a)
on this (day) of (month) (year)
in the presence of:
4(b)
Witness’s name:
Witness’s address:
5. Signed as a deed by:
5(a)
On this (day) of (month) (year)
in the presence of:
5(b)
Witness’s name:
Witness’s address: