On January  11, 2016, Governor Christie signed the New Jersey ABLE Act into law.  The law is not scheduled to take effect until October 2016.

Under the Achieving A Better Life Experience (ABLE) program, persons who become disabled before age 26 can open an ABLE account, and become the beneficiary of that account.  The beneficiary and their family or friends can contribute up to the amount of the annual gift tax exclusion to an ABLE account (currently $14,000 per year).  The ABLE account holds that money, and is managed and invested by the state.  Any growth on the money in the ABLE account is tax-free, provided it is spent on “qualified disability expenses” for the beneficiary.  Qualified disability expenses are defined broadly, and include things like education, healthcare and professional services.

NJ ABLE ActAn ABLE account can hold up to $100,000 without disqualifying the beneficiary from Supplemental Security Income (SSI), and an unlimited amount without disqualifying the beneficiary from Medicaid. When the beneficiary dies, any remainder in the ABLE account has to be used to repay Medicaid for the amount it spent on the beneficiary.

ABLE is a welcome tool for people with disabilities and there families.  However, an ABLE account is not a replacement for a special needs trust.  For large inheritances or personal injury lawsuit awards, the ABLE $14,000 annual contribution limit and $100,000 total limit limits the utility of ABLE accounts.  Moreover, third-party special needs trusts have no obligation to repay Medicaid, while ABLE accounts do.

There are still a number of open questions on ABLE – how will New Jersey administer accounts, how will the money be invested, how will beneficiaries make withdrawals and how will the state decide whether withdrawals are qualified disability expenses.

Click on the link below to read the NJ ABLE Act.


About Jerry

Jerold E. Rothkoff, a practicing New Jersey and Pennsylvania attorney, is the Principal of the Rothkoff Law Group, an elder care law firm. Jerry dedicates his practice to serving clients in the areas of life care planning, long-term care planning, Medicaid & VA benefits, and advocacy for the elderly and disabled. He is past President of the NJ Chapter of the National Academy of Elder Law Attorneys, former chair of the elder law section of the NJ State Bar Association, and past President of the Life Care Planning Law Firm Association. Jerry continues to be an outspoken advocate for the rights of the elderly and disabled. He writes for and gives presentations regularly to attorneys and other professionals about legal issues related to seniors and those with disabilities. Jerry’s community activities include the Twilight Wish Foundation, the Delaware Valley Stroke Council, the Alzheimer’s Association, as well as numerous other advocacy groups. When not in the office, Jerry spends time with his wife, Erica, and their five children, eighteen-year old identical twin girls, Liza and Julia, fifteen-year old fraternal twin boys, Evan and Gregory, and six-year old Aitan.

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