Terms Used In Tennessee Code > Title 71 > Chapter 4 > Part 8 - Achieving a Better Life Experience (Able) Act

• Account: means an account established by. See Tennessee Code 71-4-803
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Code: means §. See Tennessee Code 71-4-803
• Contract: A legal written agreement that becomes binding when signed.
• Contracting state: means a state without a qualified ABLE program that has entered into a contract with a state with a qualified ABLE program to provide residents of the contracting state access to a qualified ABLE program. See Tennessee Code 71-4-803
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Designated beneficiary: means the eligible individual who has established and owns an ABLE account, and for whose benefit the account has been established. See Tennessee Code 71-4-803
• Disability certification: means a certification acceptable to the United States department of treasury made by the eligible individual or the eligible individual's parent or guardian certifying that the eligible individual has a medically determinable physical or mental impairment that results in marked and severe functional limitations and that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months, or is blind within the meaning of §. See Tennessee Code 71-4-803
• Eligible individual: means an individual who is entitled to benefits based on blindness or disability under title II or XVI of the Social Security Act (42 U. See Tennessee Code 71-4-803
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Funeral and burial expenses: includes , but is not limited to, the cost of preparing the body for burial or other disposition, the funeral service, any funeral merchandise, flowers, honoraria, acknowledgment cards, postage, transporting the body to the place of burial or disposition, the burial space, crypt, mausoleum or other final resting place, the opening and closing thereof and any marker. See Tennessee Code 1-3-105
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Legal representative: means an individual who or entity that can act on behalf of an eligible individual for the purpose of establishing, maintaining, transacting, and terminating an account, including, but not limited to, a parent, conservator, guardian, custodian, fiduciary, trustee, or individual or entity with a power of attorney. See Tennessee Code 71-4-803
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: means an individual, association, corporation, trust, charitable organization, or other such entity. See Tennessee Code 71-4-803
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• program: means the ABLE program that is a qualified program pursuant to and in compliance with the code, and that is created pursuant to this part. See Tennessee Code 71-4-803
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Qualified disability expenses: means any expenses related to the eligible individual's blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary. See Tennessee Code 71-4-803
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• State: means the state of Tennessee. See Tennessee Code 71-4-803
• Subpoena: A command to a witness to appear and give testimony.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105