A person is considered eligible for an ABLE account if he or she:
- Is entitled to benefits based on blindness or disability under Title II (SSDI) or Title XVI (SSI) of the SSA, or
- Certifies that he or she is blind, disabled, or has a condition listed on the List of Compassionate Allowances maintained by the SSA. Except for those individuals who have a compassionate allowance condition, he or she has received a written diagnosis of his or her impairment from a licensed physician.
In either case, the applicable blindness or disability must have occurred before the individual was 26 years old.
The account owner is the eligible individual (EI) and is also referred to as the designated beneficiary. If the account owner is a minor or is unable or chooses not to manage the account, a person with signature authority (PSA) must be designated on the account. Per federal law, a PSA must be an individual within the following ordering hierarchy: (a) the EI’s agent under a power of attorney, (b) a conservator or legal guardian, (c) spouse, (d) parent, (e) sibling, (f) grandparent, or (g) a representative payee appointed for the EI by the Social Security Administration (“PSA Hierarchy Order”). The regulations require that PSA certify under penalties of perjury that the PSA is authorized to establish an Account for the benefit of the Designated Beneficiary and that there is no other willing or able persons to do so with a higher priority in accordance with the PSA Hierarchy Order. The PSA must neither have nor acquire any beneficial interest in the account and must administer the account for the benefit of the account owner.
For more information about these guidelines, visit the website of the Social Security Administration.
Note: You need not be a resident of any particular state to open an Attainable account. However, if you live outside of Massachusetts, the qualified ABLE programs offered by your home state may offer its residents or taxpayers state tax advantages or other benefits. Additionally, some states offer residents state tax incentives for investing in any qualified ABLE program. You should consider the state tax advantages and benefits offered by your home state, including those available for investing in your home state's qualified ABLE program, before making an investment in the Attainable Savings Plan.
