A Special Needs Trust can be created at any time before the beneficiary’s 65th birthday.
It is very common to create a Supplemental Needs Trust early in a child’s life as a long term plan for holding assets to benefit the disabled loved ones. This is particularly true of parents who wish to leave funds for a child’s benefit after the they are gone.
Additionally, the disabled individual may at some time during his or her lifetime come into funds from third party sources, such as a personal injury settlement or an inheritance from relatives, insurance proceeds, or the like may set a first party special needs trust. However this is more strictly regulated area, and consulting an experienced attorney is necessary.