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LANOUE v. COMM'R, SOC. SECURITY ADMIN.

No. 2000-399.

146 N.H. 504 (2001)

SHIRLEY C. LANOUE, BY AND THROUGH HER LEGAL GUARDIAN, OFFICE OF PUBLIC GUARDIAN v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION

Supreme Court of New Hampshire.

June 19, 2001.

Attorney(s) appearing for the Case

John D. MacIntosh, of Concord, by brief, for the plaintiff.

Paul M. Gagnon, United States Attorney (David L. Broderick, Assistant United States Attorney, on the brief), for the defendant.

DUGGAN, J.

The United States District Court for the District of New Hampshire (Barbadoro, Chief Judge) has certified the following question of law, see SUP. CT. R. 34:

Whether a "special needs trust" created pursuant to 42 U.S.C. § 1396p may be revoked by the beneficiary or her guardian where: (1) the trust instrument states that the trust is irrevocable; (2) the trust was funded...

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