While Pooled Supplemental Needs Trusts can be established under certain circumstances after age 65, Payback (Special Needs) Trusts cannot. Under certain circumstances, funds can be added to a Pooled Trust, but any funds added to a Payback Trust after age 65 would be considered a transfer for less than fair market value and be detrimental in some way to the beneficiary’s government benefits. A person with disabilities over age 65 should consult legal counsel before establishing any type of Supplemental Needs Trust.