(A) The court has authority to create and establish a special needs trust for an incapacitated individual in compliance with 42 U.S.C. § 1396p(d)(4)(A), as amended, and to order the placement of the incapacitated individual’s funds into such a trust or into a pooled trust in compliance with 42 U.S.C. § 1396p(d)(4)(C), as amended, for the benefit of incapacitated individuals under its authority to issue protective orders pursuant to the procedure set forth in § 62-5-401, et seq.

(B) In the case of a disabled minor, the court has authority to create and establish a special needs trust in compliance with 42 U.S.C. § 1396p(d)(4)(A), as amended, if the court determines it is in the disabled minor’s best interest. The court also has the authority to order the placement of the minor’s funds into a special needs trust or into a pooled trust in compliance with 42 U.S.C. § 1396p(d)(4)(C), as amended, for the benefit of a minor under its authority to implement provisions of protective orders pursuant to the procedure set forth in § 62-5-401, et seq., even though the terms of the trust extend beyond the age of majority.