Guardianship for Minor – Settlement of Claims for Personal Injuries FAQ
Who Applies For the Authority to Settle the Claim?
If there is a guardian already appointed for the incompetent or the ward whose claim is being settled, then the guardian makes the application.
What if there is no Guardian Appointed?
If the net amount of the claim that will pass to a minor is $25,000 or less and the proceeds are other than from the settlement of a wrongful death claim, then the custodial parent may apply for the settlement approval without the appointment of a guardian. If there is no guardian for an incompetent, no living parent for a minor, or if the net settlement amount exceeds $25,000, then a guardian must be appointed. If expedient, the application for appointment of the guardian and the application to settle may be filed and heard contemporaneously.
Who Protects the Minor’s Interest if there is No Guardian or the Guardian has a Conflict of Interest?
The Court has the discretion of appointing counsel to represent the minor and to present the minor’s position on the adequacy and terms of the settlement. The Court may also, or alternatively, appoint a guardian ad litem to advocate what the guardian ad litem believes is in the minor’s best interest. The source for payment of the compensation and fees of the appointed attorney and guardian ad litem will be determined by the Court and those potential sources include, but are not limited to, the settlement proceeds, the parents, and the guardianship assets.
Where Can I Read More About Funds Passing to A Minor?
Helpful information about handling funds passing to a minor is available on this website under the separate Minor’s Claims/Funds Account tab as Frequently Asked Questions.