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Key drafting provisions of a Third Party Supplemental Needs Trust

The purpose of this guide is to provide examples of types of provisions contained in a Third Party Supplemental Needs Trust that safeguard against commingling trust assets with assets owned by the beneficiary.

Additional resources provided by the author

The key to understanding special needs trust is the Program Operations Manual System (POMS), issued by the Social Security Administration (SSA), which contains operating procedure for the Supplemental Security Income (SSI) program. SSI is a means-based federal program that provides income to certain aged, blind, and disabled persons. (42 U.S.C. § 1381-1383f). This information is limited in its scope and is not meant to be a definitive guide, nor solicit legal services. Consult with counsel.

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