ABLE accounts help disabled children with financial needsABLE accounts allow many people with disabilities or their families to establish tax-free savings accounts that won’t affect their ability to qualify for, or remain on, government assistance as long as the account balance does not exceed $100,000. But ABLE accounts can be more than simply a savings vehicle.  The accounts can be used in many creative ways, either alone or in conjunction with other planning tools, to make a big difference to families with special needs children.

Any adult child with special needs who owns more than $2,000 in countable assets is generally ineligible for many public benefits programs, including Medicaid and Supplemental Security Income (SSI). But because ABLE accounts with balances below $100,000 are not counted as a resource for most public benefits programs, the account provides an opportunity for planning to ensure that the child does not become ineligible because of wages, gifts, or other sources of funds that may become available to her.  Here are five practical uses for ABLE accounts that could have a significant impact on a beneficiary’s quality of life:

Protecting UGMA/UTMA account funds: Does your child have a savings account in his or her own name? Perhaps gifts from family over the years were deposited into the child’s account? Such an account is often known as an “UGMA (or UTMA) account,” named after the Uniform Gifts (or Transfers) to Minors Act, the law that governs bank accounts owned by minors.

When the child becomes an adult, that bank account will  suddenly be counted as a resource for purposes of determining eligibility for many public benefits programs. One practical use of ABLE accounts is as a repository for money from an UGMA/UTMA account of a child who is coming of age so that it will not be counted in determining her continued eligibility for public benefits.

Shielding income: Another practical use for ABLE accounts is as a receptacle for child support, alimony, or even earned wages. Using an ABLE account for sources of income such as these shields them from being counted as a resource of the child. If more than $2,000 is accumulated by the child over time in an ABLE account, the eligibility for government programs is protected. In addition, ABLE accounts are flexible enough that payments deposited into an account can easily be used to pay for many of the expenses a child may have.

Substituting for a special needs trust: ABLE accounts can play a beneficial role if your child is expecting to receive a small settlement or award, or even an inheritance or gift.  In some cases, ABLE accounts may even make it unnecessary to go through the time and expense of creating a special needs trust. Here’s how this might work for a child receiving, say, a a $150,000 settlement. Although no more than $14,000 can be deposited into an ABLE account each year, and an individual can have only one ABLE account, there are still options. The child could transfer $14,000 into her ABLE account, and a structured annuity could be purchased with the remaining $136,000 that would fund the ABLE account for a certain amount each month so that the total deposited into the account each year would not exceed $14,000.  In this way, a complex special needs trust could be avoided.

Giving the child financial control: Perhaps the most important practical use of ABLE accounts is that it can be managed and controlled by the child. If a special needs trust were used, a trustee would be required to approve each and every expenditure.  Instead, ABLE accounts give the child access to money that she alone can decide how to spend, which, in turn, can provide a boost in self-esteem because the child is in a position to make these financial decisions herself. This autonomy also allows the child to make decisions on saving money. Through ABLE accounts, a child can decide whether or not to save money for such things as a home, a car, or even a wedding.

Paying household expenses: Another beneficial use of ABLE accounts is using it to pay for utilities and other housing expenses without triggering SSI’s “in-kind support and maintenance” (or ISM) penalty that would otherwise be incurred if a third party, including a special needs trust, made the same expenditure. When it comes to its ISM rules, the Social Security Administration views money in ABLE accounts as if it were the SSI beneficiary’s money, so there is no penalty when the recipient of a government benefit uses her own funds from an ABLE account to pay for her own housing expenses.

When it comes to planning for your child’s needs, it is important not only to consider the advantages of ABLE accounts standing alone, but also to realize that ABLE accounts can be used in conjunction with other planning tools, such as a special needs trust, to craft a strategy that best fits your child’s needs now and in the future. Even as just one piece of a larger puzzle, ABLE accounts may be able to offer so much more to your child.

If these options sound beneficial to you and your special needs family member, call us to schedule a time to discuss how ABLE accounts might help you.

Legal Notice and Disclaimer. The materials within this website are for informational purposes only. This information does not constitute legal advice and should not be relied upon by any individual. Communication of this information is not intended to create, and receipt does not constitute, the establishment of an attorney-client relationship. Internet users and readers should not act upon this information without first seeking professional legal counsel for your particular circumstances. The information on this website is provided only as general information which may or may not reflect the most current legal information.

The hiring of a lawyer is an important decision and should not be based on advertising alone. Before hiring us, please request that we provide you with additional information about our qualifications.

Please Share

Share this post with your friends!