Important PA ABLE Updates!

Changes to the PA ABLE Savings Program Took Effect November 20, 2022. To download an overview of these changes, click here and read the updated PA ABLE Disclosure Statement for more information.

The PA ABLE Savings Program implemented these changes to comply with Internal Revenue Service (IRS) regulations that may impact how current and future PA ABLE Account Owners manage their accounts.


How These Changes May Impact PA ABLE Accounts.

While these changes may not impact every PA ABLE account, it is important to be aware of them. PA ABLE Account Owners and Authorized Individuals are advised to consider how these changes may impact their account. Considerations include:

  1. Is there or will there be an Authorized Individual listed on this account?
  2. Is there or will there be a person or persons with higher priority than a currently listed Authorized Individual as defined by the new order of priority? See Change #1 for order of priority
  3. If the Account Owner currently manages or plans to manage this account, do they wish to add an Authorized Individual/Successor Authorized Individual?

1

Hierarchy of Authorized Individuals Expanding

The Hierarchy of Authorized Individuals has been expanded.

Currently, the only individuals who can open and manage an account on behalf of a minor or an adult who lacks legal capacity to enter a contract are a:

  • Parent;
  • Guardian;
  • Representative Payee;
  • Trustee of a trust for which the Account Owner is the beneficiary; or
  • Someone appointed by a parent or guardian.

IRS regulations will expand who can be an Authorized Individual and has defined a hierarchy of the order of priority.

Effective November 20, 2022, the defined order of priority for Authorized Individuals will be:

  1. Power of Attorney
  2. Legal Guardian or Conservator
  3. Spouse
  4. Parent
  5. Sibling
  6. Grandparent
  7. Representative Payee

For accounts that were or will be opened or are currently being managed by an Authorized Individual, that Authorized Individual should confirm that there are no other individuals who are willing and able to manage the account who have higher priority in the list above.


Please be aware that for accounts with an Authorized Individual, another person with a higher priority, and who provides required documentation, may become the named Authorized Individual on an account.

2

Documentation Required for Authorized Individuals

Prospective Authorized Individuals must provide documentation.

When individuals wish to establish themselves as Authorized Individuals for Account Owners who are minors or who lack capacity to enter a contract, they will be required to provide documentation proving their relationship to the Account Owner. This individual will certify under penalty of perjury that, to the best of their knowledge, there is nobody with a higher priority who is willing and able to exercise authority as Authorized Individual.

PA ABLE will require documentation specific to the individual relationship for all Authorized Individuals.

The documentation required will depend on the relationship of the Authorized Individual and Account Owner.

Authorized Individual
Relationship to Account Owner Required Documentation
Power of Attorney Power of Attorney documentation
Legal Guardian or Conservator Court order or other documentation granting guardianship of the estate or conservatorship
Spouse Marriage certificate
Parent Birth certificate of Account Owner
Sibling Birth certificates of Account Owner and sibling. For stepsiblings and half-siblings, any documentation that shows the relationship between the account owner and prospective Authorized Individual
Grandparent Birth certificates of Account Owner and the parent of the Account Owner who is the child of the grandparent who wishes to be Authorized Individual
Representative Payee Letter from Social Security Administration granting Representative Payee status
3

Choose Another Person to Manage Account

PA ABLE Account Owners can now appoint an Authorized Individual and Successor Authorized Individual.

IRS regulations now allow an adult PA ABLE Account Owner who has the legal capacity to enter a contract to appoint a person of their choosing to open and manage their PA ABLE account (Authorized Individual). This means that accounts may now be managed by any other person of the Account Owner’s choosing regardless of the relationship between the Account Owner and this person.

4

Ability to Appoint Successor Account Owner

An Account Owner can now appoint a Successor Account Owner.

PA ABLE Account Owners may now select an Eligible Individual* who is a sibling, including stepsiblings and half-siblings, of the current Account Owner to become the owner of the PA ABLE account in the event of the current Account Owner’s death.

This means the PA ABLE account will transfer directly to the Successor Account Owner’s PA ABLE account upon the original Account Owner’s death.

*The individual must be eligible to own a PA ABLE account.

The Pennsylvania ABLE Savings Program is administered by the Pennsylvania Treasury Department. Before investing, please carefully read the Disclosure Statement (available at PAABLE.gov or by calling 855-529-2253) to learn more about the program, including its effect on federal and state benefits, investment objectives, risks, fees, and tax implications.

Link to the home page

Connect With Us

Phone: 855-529-ABLE (2253)
Email: info@paable.gov

 

PA ABLE Savings Program
607 South Drive | Room 529
Harrisburg, PA 17120