Detailed answer: What a guardian ad litem does in an Ohio minor injury settlement and whether you can serve
Short answer: In Ohio, a guardian ad litem (GAL) is a court-appointed representative whose job is to protect the legal interests of a minor (an infant) who is a party to a lawsuit or the subject of a proposed settlement. The GAL investigates the facts, evaluates whether a proposed settlement is fair, and reports a recommendation to the court. A parent can sometimes be appointed, but courts commonly appoint a neutral person—often an attorney or trained lay GAL—when there is any potential conflict or when the court believes independent representation better protects the child. The court makes the final decision about who will serve.
What a guardian ad litem does in a minor injury settlement
- Investigate: The GAL gathers facts. That typically includes reviewing medical records, treatment plans, bills, school or therapy records, and incident reports; interviewing the child (age-appropriately), parents, treating providers, and other witnesses; and assessing future needs arising from the injury.
- Assess the settlement offer: The GAL evaluates whether the proposed lump-sum or structured settlement will reasonably and adequately compensate the child for past and anticipated future medical care, pain and suffering, lost future earning capacity (when appropriate), and other damages.
- Protect long-term interests: The GAL considers whether a settlement should include protections (for example, a blocked account, court-ordered allocation for medical care, or structured payments) to ensure funds remain for the child’s needs.
- Report and recommend to the court: The GAL files a written report or testifies at a fairness hearing, explaining the investigation and recommending that the court approve, modify, or reject the proposed settlement. The court uses that information when deciding whether to enter an order approving the compromise of a minor’s claim.
- Coordinate with counsel and the court: If the minor has separate counsel, the GAL coordinates with counsel for any necessary steps. If the GAL is a layperson, the court may still require an attorney for the infant regarding legal advice or pleading preparation.
Legal basis in Ohio
Ohio courts appoint guardians ad litem under the Ohio Rules of Civil Procedure. See Ohio Civil Rule 17 (appointment of guardians ad litem when minors or incompetent persons are involved): Ohio Civ. R. 17 (Supreme Court of Ohio). Ohio’s guardianship statutes and related probate/juvenile rules provide additional authority and procedures for guardianship matters; see Ohio Revised Code Chapter 2111 (guardianship generally): Ohio Rev. Code Ch. 2111.
When will a court order a guardian ad litem?
Court appointment of a GAL commonly occurs when a minor is a plaintiff or a direct subject of settlement negotiations and the court needs assurance the child’s interests are protected. Examples include:
- A minor injured in a car crash or school accident whose parent is negotiating a settlement with an insurer;
- When a settlement involves a large sum, long-term care needs, or complex allocation of funds; and
- When the court perceives a conflict between the parent’s interests and the child’s interests (for example, if a parent or guardian might receive some of the proceeds or has a potential legal exposure related to the claim).
Can you serve as the guardian ad litem?
Yes, in some circumstances you can ask the court to appoint you as GAL, but the court will evaluate whether you are appropriate. Key points:
- Relationship matters. If you are a parent or legal guardian, you may ask the court to be appointed, but courts scrutinize potential conflicts of interest. A parent’s natural role does not automatically make them the best GAL; the court may appoint an independent GAL when independence is important to protect the child’s interests.
- Neutrality and competence. Courts favor GALs who can act independently and who have the legal or factual training to investigate and advise the court. Many Ohio courts appoint attorneys (especially in contested or complex cases) or trained nonprofit GAL volunteers in abuse/neglect cases.
- Full disclosure is required. Anyone who asks to be appointed must disclose their relationship to the minor, any financial interest in the outcome, and any other facts that could create a conflict. The court will consider that information when deciding whether to appoint you.
- Fitness checks. Courts may require background checks, proof of relevant experience or training, or an affidavit of willingness to serve. Requirements vary by county and judge.
- Compensation. If appointed, a GAL may be paid from the minor’s recovery or by the county, depending on local practice, the GAL’s status (volunteer vs. paid attorney), and whether the parties agree. The court must approve fees charged against settlement funds.
Typical court process to appoint a guardian ad litem in an Ohio settlement
- File a motion or agree in writing to request appointment of a GAL and propose a nominee (yourself or someone else).
- The court reviews the nominee’s qualifications, disclosures, and any objections from the other parties.
- If the court appoints a GAL, the GAL conducts the investigation and prepares a written report or testifies at a settlement-approval hearing.
- The court reviews the GAL’s report and other evidence, and then decides whether to approve the settlement or require modifications. The court issues an order approving the settlement and, if appropriate, directing how settlement funds will be held or disbursed.
Hypothetical example
Suppose a 10-year-old is injured in a playground accident and the parent negotiates a $150,000 settlement with the city. Because the child will require future therapy, the court wants to ensure the money will be used for the child’s long-term needs. The parties ask the court to appoint a GAL. The parent asks to serve as GAL, but the judge appoints an independent attorney as GAL because the court wants an impartial investigation and recommendation. The GAL reviews medical records, meets the child, consults with pediatric specialists, and recommends that $40,000 be placed into a court-ordered blocked account for future medical needs and that the balance be paid to the parent for current expenses. The court accepts that plan and approves the settlement.
Practical advice
If you want to serve as the GAL:
- Be transparent. Disclose your relationship and any possible conflicts in your motion to the court.
- Understand the duties. Be prepared to investigate, review records, interview providers, and make a written recommendation to the judge.
- Seek guidance. Consider consulting with an attorney experienced in minor settlements so you understand what the court expects and how to document the child’s interests.
- Expect scrutiny. If the case is complex or the settlement large, the court is more likely to appoint an independent GAL or require counsel for the child.
Where to look in Ohio law: For GAL appointment rules in civil actions see Ohio Civil Rule 17: https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilRule17.pdf. For general guardianship statutes see Ohio Revised Code Chapter 2111: https://codes.ohio.gov/ohio-revised-code/chapter/2111. Local court procedures and judges’ practices vary by county, so check the local court’s rules and forms.
This is a general explanation intended to help you understand how guardians ad litem function in Ohio minor injury settlements. It is not legal advice. For advice about a specific case, consult a licensed Ohio attorney or contact the court handling the case.
Helpful hints
- Before asking to be appointed, check the local court’s procedures—some courts post GAL qualification requirements and forms online.
- If you are a parent, know that asking to serve may not be sufficient; expect the court to evaluate independence and potential conflicts.
- Be prepared to document the child’s medical prognosis, projected future care costs, and how the proposed settlement will meet those needs.
- Consider proposing protective measures in the settlement (blocked account, structured payments, court-approved conservatorship) if the child needs long-term care.
- If you are appointed, keep detailed records of your investigation and communications; the court will rely on your report or testimony when approving the settlement.
- Ask the court about payment of GAL fees early. If you expect to seek payment from settlement proceeds, request court approval in advance.
- If the matter is contested or complex, plan to have the minor represented by separate counsel even if a GAL is appointed—the GAL’s role is fact-finding and recommendation, not always direct legal representation.
For specific county-level practice, contact the local probate or civil court clerk’s office or consult a civil litigation attorney licensed in Ohio.