The program will accept the following types of documents, if submitted in good order, to demonstrate that an individual has legal authority to establish an account acting as the beneficiary’s Authorized Legal Representative:
Power of Attorney: a Power of Attorney instrument (such as our Limited Power of Attorney form), a trust agreement, or other legal document proving fiduciary status.
A Texas power of attorney must:
- be in writing;
- be signed by an adult beneficiary who has legal capacity;
- designate one person to act as attorney in fact or agent (no co-agents are allowed but successors are allowed);
- grant the agent the authority to act in place of the beneficiary regardless of whether the term “power of attorney” is used;
- grant the agent the authority or power to manage the banking and other financial institution transactions of the beneficiary or specifically, the beneficiary’s Texas ABLE account;
- if a durable power of attorney, it must also contain: “This power of attorney is not affected by subsequent disability or incapacity of the principal”; and
- be notarized.
NOTE: A power of attorney instrument executed in another state must comply with the laws of that state.
A Texas trust agreement must:
- be in writing;
- identify a trustor who intends to create a trust;
- name the beneficiary as the only person intended to be the beneficiary;
- appoint one person as trustee authorized to manage the trust property (no co-trustees are allowed but successor trustees are allowed);
- have the beneficiary’s Texas ABLE account as the sole trust property;
- not authorize or grant the trustee gifting authority or any beneficial interest in the beneficiary’s Texas ABLE account and
- be signed by trustee and trustor.
NOTE: A trust agreement executed in another state must comply with the laws of that state.
Conservator: a valid court order or other documentation establishing a conservatorship for the beneficiary.
Legal Guardian: a valid court order or other documentation establishing legal guardianship of person or estate.
Spouse: beneficiary’s marriage certificate.
Parent: beneficiary’s birth certificate or adoption order.
Sibling: birth certificates or adoption orders for both the beneficiary and the sibling.
Grandparent: birth certificates or adoption orders for both the beneficiary and the beneficiary’s parent(s).
Representative Payee: the letter appointing the Representative Payee for the beneficiary.
Failure to provide documents requested by the program in a timely manner may lead to suspension or closure of the account.