FastCounsel

If someone is settling a civil claim on behalf of a person under 18 in Connecticut, a court review or approval is commonly required to protect the minor’s interests. Which court reviews the settlement, who must appear, and what happens at the hearing depends on the type of claim (personal injury, medical malpractice, property damage, etc.), the size and structure of the proposed settlement, and whether a guardian or conservator is already in place.

When a court appearance is typically required

Court approval is commonly needed when a settlement would bind a minor and affect the minor’s legal rights. Parties often seek approval from either the Probate Court (when a guardian or conservator is involved or when estate-like protections are needed) or the Connecticut Superior Court (for many civil claims, including personal injury). Even if the settlement is reached privately, a judge’s approval prevents future challenges that could undo the deal.

Who normally must attend the hearing

• Parent(s) or legal guardian: Usually the parent(s) or the child’s legal guardian should attend. If the parent negotiated the settlement, the court wants to confirm the parent is acting in the child’s best interest.
• Attorney for the minor (if one is retained): Attorneys often appear and present the settlement terms to the judge. Many judges expect counsel to explain the reasonableness of the amount and the proposed distribution.
• Guardian ad litem (GAL) or court-appointed representative: For some cases the court will appoint a GAL or attorney to represent the child’s interests. The GAL will attend and advise the court whether the settlement is fair.
• The minor: Generally the minor does not need to speak for themselves at the hearing. Judges often prefer minors not attend unless specifically required; attendance rules change with age and maturity and the judge’s preference.

What the judge will review

At the hearing the judge will review and may question parties about:

• The settlement agreement and releases.
• How the settlement amount was calculated and whether the amount is reasonable considering the injury and future needs of the child.
• Who will receive the funds and how the funds will be protected for the minor (for example, blocked accounts, structured settlement annuities, trusts, or a conservatorship under probate).
• Attorney fees and costs—courts scrutinize fees in minor settlements to ensure they are reasonable.
• Potential effect on public benefits (Medicaid, CTHUSI, etc.) and whether funds need to be set aside to protect benefits eligibility.

Possible outcomes of the hearing

• Approval as proposed: the judge signs an order approving the settlement and permitting disbursement under the ordered terms.
• Approval with conditions: the judge may approve but require specific protections (e.g., placing funds in a blocked account, directing a portion into an annuity, or ordering that a conservator be appointed by Probate Court before distribution).
• Denial or delay: if the judge believes the settlement is unfair or paperwork is incomplete, approval may be denied or continued until more information is provided or a guardian ad litem is appointed.

How long the hearing and process usually take

Short hearings can take 15–30 minutes; more complex matters (large sums, disputed facts, or contested fees) may take longer or require multiple appearances. After approval, actual distribution of funds may take days to weeks depending on bank processing, creation of annuities, or probate procedures to appoint a conservator.

How funds are commonly handled after approval

• Blocked account (minor’s blocked or custodial account) that requires court or guardian signature for withdrawals.
• Structured settlement (annuity) to provide periodic payments over time.
• Trust for the minor, with terms set to meet long-term needs.
• Conservatorship or guardianship of the estate through Probate Court if funds are large or long-term supervision is needed.

Relevant Connecticut resources

• Connecticut Judicial Branch: general information and court locations — https://www.jud.ct.gov/
• Connecticut Probate Court information — https://www.ctprobate.gov/
• Connecticut General Assembly (statutes) — searchable statutes and public acts — https://www.cga.ct.gov/current/
• Connecticut Bar Association (finding a lawyer and referral services) — https://www.ctbar.org/

Bottom line: Expect that a judge will want to review and approve any settlement on behalf of a minor. Parents, guardians, the minor’s attorney, and sometimes a guardian ad litem should be prepared to appear. The court will confirm the settlement is fair, that fees are reasonable, and that the funds will be protected for the minor’s benefit.

Helpful Hints

• Do not finalize distribution of money until the court signs an approval order. If you distribute funds before approval, a court may later undo or require repayment.
• Bring originals and copies of the settlement agreement, release, fee agreements, any medical records supporting the claim, and ID for the parent/guardian and attorney.
• Ask who will represent the child: if the court will appoint a guardian ad litem, expect a short delay while that happens.
• Be prepared to explain why the proposed plan for the money (blocked account, trust, annuity) protects the minor’s long-term interests.
• Discuss public benefits with counsel early. A settlement can affect eligibility for Medicaid and other benefits—planning can avoid loss of important services.
• Confirm whether the judge expects the minor to attend. Older teens are sometimes asked to attend and answer simple questions, but many judges prefer minors not be present.
• If the settlement is large, consider meeting with a probate attorney about conservatorship or a trust to manage funds.
• If you need help finding a Connecticut attorney experienced with minor settlements, contact the Connecticut Bar Association’s lawyer referral service: https://www.ctbar.org/.