Eligibility

An Eligible Individual who is an adult with legal capacity to enter into contracts can open the account for themselves but may also choose to have any other person open and manage the account (“Authorized Individual”).

If the Eligible Individual is a minor or an adult without the legal capacity to enter into contracts, accounts must be opened by an Authorized Individual from the list below in this order of priority:

Authorized Individual

Relationship to Account Owner Required Documentation

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

For accounts opened for a minor or adult who lacks capacity to enter into contracts, Authorized Individuals are required to provide documentation proving their relationship to the Account Owner. This individual must 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 an Authorized Individual.

The required documentation for Authorized Individuals depends on the relationship of the Authorized Individual and Account Owner.

Authorized Individual

Relationship to Account Owner Required Documentation

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

Yes, as long as the individual meets the eligibility requirements for an account. Please note, however, PA ABLE accounts only protect assets and any work income may affect eligibility for certain benefits, including Social Security Income (SSI).

No, you do not have to be receiving disability benefits to be eligible for a PA ABLE account.

Being entitled to disability benefits (Social Security Disability Insurance or Supplemental Security Income) based on a disability that began before your 26th birthday are just two ways a person may be eligible. Please note, if you are entitled to either of these benefits, you do not need to actually be receiving benefits.

You may also self-certify that you have a similarly severe disability that began before your 26th birthday by indicating that:

1. You have a Qualifying Disability. Meaning that you are (1) blind, within the meaning of the Social Security Act, or (2) have a medically determinable physical or mental impairment which results in marked and severe functional limitations, and has lasted or is expected to last 12 continuous months or result in death; and
2. Your Qualifying Disability began before your 26th birthday; and
3. You have a written diagnosis related to your disability that is signed by a physician who meets Social Security Act criteria.

Additional guidance and examples of conditions that result in "marked and severe functional limitations" can be found in the Social Security Administration's disability Blue Book.

If your impairment is included in the list of Compassionate Allowance Conditions, you do not need to have a written diagnosis signed by a physician.

To see if you or another person may be eligible take our Eligibility Quiz.

No. Residents of all states can open a PA ABLE account, however PA ABLE provides Pennsylvania residents some exclusive benefits.

No. But you should keep documentation in case you are asked for it by a federal or state agency. For example, you could be audited by the Internal Revenue Service and asked to provide documentation.

Because your disability status may change, you must be eligible each year you have an account. If your condition ever changes so that you would no longer be eligible for an account you must notify PA ABLE. PA ABLE will assume that your eligibility continues until you notify PA ABLE of any change.

You can keep your account open in case your condition later worsens and you become eligible again. However, additional contributions cannot be made to your account and any withdrawals you make while you are ineligible will be considered “Non-Qualified.”

For accounts with a Successor Account Owner    

That person will become owner of the PA ABLE account in the event of the current Account Owner’s death.           

For accounts without a Successor Account Owner

Account funds will become part of the deceased Account Owner’s estate. Please remember that PA ABLE accounts can be used to pay for any outstanding Qualified Disability Expenses after the Account Owner’s death, including funeral and burial expenses, before remaining account funds become part of the deceased individual’s estate.

Once account funds become part of the deceased individual’s estate, any growth on the contributions will be subject to income tax but not the 10% additional tax applicable to Non-Qualified Withdrawals. For this reason, it usually will be best to pay any outstanding Qualified Disability Expenses, including funeral and burial expenses, from the ABLE account, which will be tax free, before the assets are transferred to the estate.