The mother of a special needs child was recently awarded in excess of $441,000 from her daughter’s special needs trust for services that the mother provided to her child.  The Superior Court of New Jersey, Appellate Division, recently upheld a trial court’s award of reimbursement to the mother.

Some years ago, the mother obtained a court judgment that entitled her to compensation for the services that she provided to her daughter at the rate of $15 per hour, but the Bank, which served as trustee of the trust, stopped paying the mother for those services.  Several more years passed and after the child’s death, the mother sued for back compensation.

The court sided with the mother and awarded her in excess of $441,000.  This is a great decision for the mother and a testament to how much work she performed on behalf of her daughter.  The name of the case is Matter of Rogiers.

Special needs trusts aren’t just technical tools — they can make a real difference in a family’s life. Winning the right trust setup means more security and support for loved ones who rely on it, and understanding that process can help others facing similar challenges.

The Rogiers decision illustrates that a family member who provides substantial care to a person with disabilities may be entitled to compensation from a special needs trust. It also demonstrates why the terms of the trust, court orders, and the trustee’s responsibilities matter when arranging payment for those services.