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DE SB210
Bill
Status
4/28/2022
Primary Sponsor
Charles Paradee
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AI Summary
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Amend Delaware's ABLE (Achieving a Better Life Experience) program statute to align with federal regulations issued by the Internal Revenue Service under section 529A of the Internal Revenue Code.
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Clarify that any person may open an ABLE account for an eligible individual with a disability, and that an eligible individual with legal capacity may delegate signature authority to any other person.
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Establish a hierarchy of persons who may establish or exercise signature authority over an ABLE account for individuals without legal capacity, including agents under power of attorney, conservators, legal guardians, spouses, parents, siblings, grandparents, or Social Security Administration representative payees.
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Revise the definition of "qualified disability expenses" to specify that only expenses incurred when the designated beneficiary is disabled or blind qualify for the program, excluding expenses incurred when the beneficiary is neither disabled nor blind.
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Update definitions of "account owner" and "designated beneficiary" to clarify roles and establish that persons with signature authority cannot acquire beneficial interest in the account and must administer it solely for the designated beneficiary.
Legislative Description
An Act To Amend Title 16 Of The Delaware Code Relating To The Delaware Achieving A Better Life Experience Program.
Last Action
Signed by Governor
4/28/2022