Disclaimer: This article explains general Missouri law and practice. It is educational only and not legal advice. For advice about a specific case, consult a Missouri attorney.
Detailed answer
What a guardian ad litem (GAL) does in a minor’s injury claim
When a child (a “minor”) is injured and a claim is brought on the child’s behalf, Missouri courts commonly require a guardian ad litem (GAL) to protect the child’s legal interests during litigation and at any settlement hearing. The GAL’s job is to investigate the case facts, gather medical and billing records, evaluate the reasonableness of any settlement offer, explain the offer in plain language, and recommend to the court whether the proposed settlement is fair and in the child’s best interests.
Why the court requires a GAL
Court oversight exists because parents or guardians who represent the child have a potential conflict: they typically control the household, insurance, and access to the child, and their interests can differ from the child’s long-term financial needs. The GAL acts as a neutral protector of the minor’s legal rights so the court can approve a settlement only if it truly benefits the child.
How the GAL is appointed
The court appoints a GAL either on its own motion or after a party requests appointment. The appointment is made by the probate or civil court handling the case. The GAL must file a written report or appear at the settlement hearing and explain their recommendation. Courts often prefer that the GAL review medical records, talk with treating providers, and consider how a lump-sum or structured settlement will affect the child’s future needs before approving any compromise of the claim.
Who typically serves as a GAL
In Missouri many courts appoint an independent attorney (an experienced claimant attorney or an attorney specifically acting for the child) to serve as GAL. In some counties, trusted non-lawyers with relevant experience may be approved, but courts frequently prefer counsel because settlement approval involves legal judgment about releases, liens, and fund management. The critical requirement is that the GAL be able to represent the child’s best interests objectively.
Can a parent or other interested person serve as the GAL?
Short answer: sometimes, but not usually when a conflict exists.
More detail:
- If a parent is the petitioner and there is no apparent conflict between the parent’s interests and the child’s financial interests, a court may allow a parent to serve as GAL in limited circumstances. However, many Missouri judges decline to appoint a parent because the parent may personally benefit from a settlement (for instance, by receiving reimbursement of household medical expenses or because the family’s financial situation improves).
- If a proposed GAL is a relative or friend of the family, the court will evaluate for conflicts of interest and capacity to protect the child’s long-term needs. The court may still prefer appointment of independent counsel for the minor.
- If you want to serve as GAL, be prepared to explain to the court why you have no conflict, what qualifications you have, and how you will protect the child’s future interests (including addressing liens, future medical needs, and how settlement funds will be managed).
What the court looks for before approving a settlement
When the court considers whether to approve a minor’s injury settlement the judge typically looks at:
- Whether the GAL investigated the claim and recommended approval.
- The fairness and adequacy of the amount compared to damages, medical bills, lost future earning capacity and pain and suffering.
- How liens (medical providers, insurance subrogation, Medicaid/Medicare) will be handled and whether third parties’ interests are properly paid or resolved.
- How settlement funds will be protected for the child’s future (e.g., court-ordered guardianship of property, restricted bank account, or structured settlement).
- Whether releases are narrowly drafted so they do not unduly bar future claims for related medical care.
Common outcomes and protections used by Missouri courts
Courts often approve settlements with conditions that protect the child’s future. Those protections can include:
- Placing funds in a blocked or restricted account that requires court permission to withdraw for certain uses.
- Creating a guardianship of the minor’s property (if significant funds are involved) so a court-supervised guardian manages the money for the child’s benefit.
- Arranging part of the recovery as a structured settlement annuity to provide long-term support.
Practical timeline and costs
Expect appointment of a GAL and a court hearing on the proposed settlement. The GAL’s investigation and report can take weeks. The GAL’s fees and court costs vary by county and by whether the GAL is an attorney. Often the proposed settlement will allocate payment for reasonable GAL or court costs from the recovery.
How to request appointment or object to a proposed GAL
If you want to serve as GAL or object to a proposed GAL, file a motion with the court handling the case and be prepared to present evidence about qualifications and conflicts. Because procedures vary by county, consult local court rules or a Missouri attorney for help drafting the request.
Where to find Missouri statutes and rules
Missouri’s legislative revisor hosts the Revised Statutes and is the best place to locate statutes that govern guardianship, minors’ claims, and probate procedures. Search the Missouri Revised Statutes at the Missouri Revisor of Statutes: https://revisor.mo.gov/.
Helpful hints
- Before agreeing to serve as a GAL, ask the court or judge what qualifications they require in your county.
- If you are a parent who wants to serve, be prepared to explain why an independent attorney or neutral GAL is not necessary in your case.
- Keep careful records of all medical bills, treatment notes, and communications about the claim—courts rely on documentation when evaluating fairness.
- Ask the GAL to address liens and subrogation early. Unresolved liens can reduce a child’s net recovery dramatically.
- Consider structured settlements or court-supervised accounts when the recovery is large enough that the child will need long-term financial protection.
- Get independent legal advice. Even if you serve as GAL, the child’s interests may be best protected if the GAL is an attorney experienced in minor settlements.
- Contact the Missouri Bar or a local plaintiff attorney if you need help finding qualified GAL candidates. The Missouri Bar site (https://www.mobar.org/) can help locate attorneys; cases often use counsel who routinely serve as GALs.
If you want help preparing a motion to be appointed as a GAL or want the court’s likely approach in your county, contact a Missouri attorney who handles personal injury and minor-compromise hearings. A local lawyer can explain county practices, expected fees, and what the court will require in written reports and hearing testimony.