20400.9.1 Special Needs Trusts
A special needs trust contains the assets of an individual under age 65 who is disabled. It is established for the benefit of the individual by a parent, grandparent, legal guardian of the individual or a court.
[For] Special Needs Trusts created on or after December 13, [2017 2016] by an individual with a disability under age 65 for his or her own benefit can qualify as a special needs trust, conferring the same benefits as a special needs trust set up by a parent, grandparent, legal guardian or court. The trust may also contain the assets of other individuals.
20400.9.1.1 Treatment of Special Needs Trusts
For individuals under age 65 the exceptions to the Medicaid eligibility rules continue even after the individual becomes age 65. No additional assets may be added to the trust after the individual reaches age 65. If assets are added they will not be exempted and are subject to penalties. Delaware, Department of Health and Social Services, 16 DE Admin. Code 20400.