Detailed Answer

When a minor (someone under 18) is involved in a personal-injury claim in Nevada, the court often takes extra steps before approving any settlement that releases the minor’s claim. One of the court’s tools is the appointment of a guardian ad litem (GAL). A guardian ad litem is a person the court appoints to look after the minor’s legal interests for the specific lawsuit or settlement. The GAL’s job is to make sure the settlement is fair and in the best interests of the child.

What a guardian ad litem does in a minor injury settlement

• Investigates the claim facts and medical records relevant to the minor’s injuries and future needs.
• Meets with the minor (if age-appropriate) and with the minor’s parents or legal guardians to understand the child’s needs.
• Evaluates proposed settlement terms, including lump sums, structured settlements, and proposed distribution of funds.
• Recommends to the court whether the settlement is fair and whether the minor’s interests are protected.
• Appears at a court hearing (often called a fairness hearing) and files any required reports, affidavits, or proposed orders to obtain court approval of the settlement.
• When necessary, recommends protections such as blocked accounts, court-supervised guardianship, trusts, or structured settlements to protect large recoveries for the minor’s future needs.

How Nevada law frames guardianship and court oversight

Nevada has statutes and court rules that control guardianships, protective proceedings, and court supervision when minors are involved. Key legal authorities that courts rely on include the Nevada guardianship statutes and the Nevada court rules governing civil procedure and appointments. For an overview of statutes governing guardianship and protective proceedings in Nevada see the Nevada Revised Statutes, Chapter 159: NRS Chapter 159 (Guardianship and Protective Proceedings). For rules on civil procedure and court-appointed representatives, see the Nevada Rules of Civil Procedure and local district court rules (court rules pages are maintained by the Nevada judiciary): Nevada Rules of Civil Procedure and Nevada Courts (AOC).

Can you serve as a guardian ad litem in Nevada?

Short answer: possibly — but the court decides. Whether you can serve depends on these factors:

• Relationship and conflict of interest: If you are a parent or legal guardian and you have no conflict between your interests and the child’s, a court may appoint you in some cases. However, courts often avoid appointing a parent as GAL when the parent’s own claims, financial incentives, or credibility would create a conflict with the minor’s independent interest.
• Qualifications and competence: The court must be satisfied that the GAL can investigate and advocate impartially for the minor’s interests. Many courts prefer an independent attorney or experienced neutral when the claim is complex or the recovery is substantial.
• Background and vetting: Courts may require a background check or disclosure of any relationships, financial interests, or prior convictions. If you have a conflict or a criminal history that impacts fitness, the court may deny the appointment.
• Court discretion: Ultimately, appointment is a judicial decision. The judge will review a motion or application and may hold a short hearing to determine who should serve as GAL.

Typical procedure to have someone appointed as a guardian ad litem

1. A party files a motion or application with the district court asking for appointment of a GAL for the minor in the pending case. The filing must identify the proposed GAL and explain why appointment is necessary.
2. The proposed GAL provides disclosures (background, qualifications, any conflicts, and whether the person will seek compensation).
3. The court may set a hearing. At the hearing the judge decides whether to appoint a GAL and who should serve.
4. If appointed, the GAL performs the duties required by the court and files any reports or recommendations needed for the settlement approval.

What the court will look for when approving a minor’s settlement

The court’s focus is the minor’s best interest. The judge will review:

• Medical evidence showing past and expected future care and costs.
• The structure of the settlement (lump sum vs. structured payments or trust).
• Whether funds will be protected (e.g., placed in a blocked account, trust, or managed by a court-appointed guardian).
• Any competing claims for the money (medical liens, government benefits, or family claims).

Hypothetical example

Imagine a 10-year-old is injured in a car crash. An insurer offers $200,000 to settle. The parents and defense counsel agree, but the court requires an independent review before approving the settlement. A lawyer experienced with minor settlements is appointed as the GAL. The GAL reviews the child’s medical records, consults a life-care planner, recommends placing the settlement in a blocked account with a plan for future disbursements, and asks the court to reduce or protect certain portions for long-term care. The judge reviews the GAL’s report, hears from counsel, approves the settlement with protections, and issues an order distributing funds accordingly.

Helpful Hints

• Start early: If a claim involves a minor, consider involving counsel experienced with minors’ settlements as soon as possible.
• Be transparent: Any proposed GAL must disclose relationships and potential conflicts with the minor or parties to the case.
• Expect court oversight: Large or complex settlements typically require a court hearing and specific protections for the minor’s funds.
• Consider fund protection: For significant recoveries, the court often prefers blocked accounts, court-supervised guardianship, trusts, or structured settlements to protect the child’s long-term needs.
• Ask about fees: GALs sometimes seek compensation for time and expenses; the court must approve any fee request. Make sure fee arrangements are clear in advance.
• Use reliable resources: For Nevada statutory guidance, review NRS Chapter 159 (Guardianship and Protective Proceedings) and the Nevada Rules of Civil Procedure for court appointment rules.
• Consult counsel: If you are considering serving as GAL or if you are a parent handling a settlement, consult a Nevada attorney who handles minors’ settlements or contact the district court clerk about local procedures and required forms.