Section 7.185 - Participant(a) The participant must be the designated beneficiary or a fiduciary authorized by law to act on behalf of the designated beneficiary, including a parent, guardian, or trustee. The Board may limit the types of fiduciaries allowed to be participants.(b) Because a designated beneficiary is limited to one ABLE account, the participant who applies for enrollment must have the legal authority to act on behalf of a beneficiary. The Board may determine who has legal authority to apply for enrollment on behalf of a designated beneficiary, and may require written consent from individuals who have legal authority to act on behalf of a beneficiary.(c) A participant who is not the designated beneficiary may not have or acquire a beneficial interest in an account.(d) A participant who is not the designated beneficiary must administer the account for the benefit of the designated beneficiary.34 Tex. Admin. Code § 7.185
Adopted by Texas Register, Volume 41, Number 37, September 9, 2016, TexReg 7111, eff. 9/12/2016; Amended by Texas Register, Volume 43, Number 14, April 6, 2018, TexReg 2165, eff. 4/9/2018