Guardian ad Litem

Minors are not considered, under the law, competent to bring legal actions on their own behalf. Therefore, a guardian must be appointed to manage the litigation for them. This is called a guardian ad litem. Usually it is a parent or legal guardian. The court reviews an application for guardian ad litem to make sure that the child’s interests are being protected. The court also reviews the contingency fee agreement to make sure it is fair to the minor. Once designated, the guardian ad litem, makes legal decisions for the minor and can agree to a settlement. If a settlement is reached, court approval must be obtained before it can become final. This is called a minor’s compromise. The court reviews the facts of the case, the terms of settlement, the attorney’s fee, and demands that the money be placed in a restricted account. The court wants to make sure that the minor’s interests are being protected. Any money received on behalf of a minor, unless required to provide for special medical needs (as approved by the court during the minors compromise hearing), is placed into a restricted account which can not be accessed prior to the minor’s 18^th birthday. If money is required before that time, a petition must be made to the court for special access to the funds and a court order must be presented to the bank. There is no compensation paid to the guardian ad litem for serving in this capacity.