Quick answer

In New Hampshire, a guardian ad litem (GAL) is a person the court appoints to protect a minor’s legal interests when the child cannot protect those interests on their own — for example, when a minor is the claimant in a personal injury case or when a parent’s interests might conflict with the child’s. The GAL investigates the facts, reviews settlement offers, and recommends to the court whether a proposed settlement is fair and in the child’s best interests. A parent may sometimes serve as a GAL, but courts commonly appoint an independent adult or lawyer when the court believes a neutral advocate is necessary.

What a guardian ad litem does in a minor injury settlement

The GAL’s duties focus on the child’s best interests and the safety of the settlement funds. Typical tasks include:

• Investigate the claim: interview the child (when appropriate), parents, treating providers, and other witnesses; review medical records and bills; and evaluate the long‑term needs created by the injury.
• Advocate to the court: file reports or recommendations and appear at hearings to explain why a settlement is or is not fair to the minor.
• Help structure the settlement: advise the court about how funds should be handled (e.g., lump sum vs. structured payment, court-approved trust, blocked account, or guardianship account) to protect future needs.
• Watch for conflicts: identify whether the parent’s or guardian’s interests conflict with the child’s, and alert the court if a neutral independent advocate is necessary.
• Ensure court approval: most minor settlements require court approval in New Hampshire; the GAL helps the judge understand the settlement’s fairness and prudence for the child.

How the GAL is appointed in New Hampshire

The court that has jurisdiction over the settlement (often the Superior Court or the Probate Court, depending on the case and local practice) may appoint a GAL when a minor’s claim is at issue. The appointment can happen when a party files a petition asking the court to approve a settlement for a minor, or when the court independently identifies a potential conflict or concern about the child’s protection. The court chooses who will serve and sets the scope of that person’s duties. If the court appoints a GAL, that person files a written report or appears at the approval hearing to recommend whether the settlement should be approved and how the proceeds should be managed.

Can a parent serve as guardian ad litem in their child’s injury settlement?

Short answer: sometimes, but not always. Courts evaluate whether a parent can fairly and independently represent the child’s interests. Key points the court considers include:

• Potential conflict of interest: if a parent’s financial, custody, or other legal interests could conflict with what benefits the child, the court is likely to appoint an independent GAL (often an attorney).
• Objectivity and competence: the court looks for someone who will objectively evaluate the claim and understand the legal and medical issues. In many cases, courts prefer an attorney experienced in handling minor compromises or a trained neutral individual.
• Local practice: different counties and judges have different practices. Some judges routinely appoint a lawyer GAL in personal injury settlements; others accept a parent or family member where no conflict exists and the proposed resolution is straightforward.

If you are a parent who wants to serve, be prepared to explain to the court why you have no conflict and why you can fairly protect the child’s interests. The court has the final say.

Common court outcomes for settlement proceeds

When the court approves a minor’s settlement, it will typically decide how to protect the funds until the child reaches majority or for as long as necessary. Common methods include:

• Blocked or restricted bank accounts requiring court approval for withdrawals.
• Creation of a court‑approved trust or structured settlement to provide ongoing benefits and limit access to the principal.
• Setting up a guardianship or conservatorship for the money if a guardian or conservator already manages the child’s affairs.

Practical steps to take if you are involved

1. Talk to a personal injury lawyer experienced with minor settlements. An attorney can advise whether a GAL is likely and how courts in your county handle approvals.
2. If you’re seeking to serve as the GAL, disclose possible conflicts in your petition and explain why you can protect the child’s interests.
3. Be ready to provide medical records, treatment plans, and estimates of future care costs so the court can evaluate whether the settlement is adequate.
4. If the court appoints a GAL, cooperate with reasonable requests and provide documents the GAL needs to evaluate the case.

Relevant New Hampshire resources and statutes

State law and court rules guide how courts protect minors’ interests. For the most current text of New Hampshire statutes and rules, consult the official statute library and the state courts:

• New Hampshire Revised Statutes Annotated (RSA) — official statute library: https://www.gencourt.state.nh.us/rsa/html/
• New Hampshire Judicial Branch (general court information and local practice): https://www.courts.state.nh.us/

Because procedures and the specific statutes applied can vary by county and by the court handling the case, review the RSA and local court rules or consult an attorney for county‑specific practice.

Helpful Hints

• Start early. Courts often require a formal petition and time for appointment and investigation before approving any settlement for a minor.
• Document everything. Keep medical records, bills, and prognosis reports ready to show the child’s current and future needs.
• Expect the court to scrutinize attorney fees and how the settlement is split. Courts want to ensure the child receives fair compensation.
• If you’re a parent asking to be the GAL, disclose fully any relationship, financial interest, or custody concerns that could affect your neutrality.
• Consider independent counsel for the minor if there’s any sign of conflict. A neutral attorney‑GAL can speed approval because judges often trust an independent review.
• Ask about how the funds will be managed after approval (blocked account, trust, structured settlement) and who will control disbursements.
• Get help from an attorney who regularly handles minor compromise petitions and works with the local court—local experience matters.