Understanding the Role of a Guardian ad Litem in a Minor Injury Settlement in Tennessee
Quick answer: In Tennessee, a guardian ad litem (GAL) is a person the court appoints to protect a minor’s legal interests during litigation or when a settlement is proposed. A GAL investigates the facts, reviews proposed settlement terms, and recommends to the court whether the settlement is fair and in the child’s best interests. Whether you can serve depends on who you are, any conflicts of interest, and the judge’s determination; many courts prefer an independent attorney or trained GAL rather than a parent or interested relative.
Detailed answer
What a guardian ad litem is and why the court appoints one
A guardian ad litem is an individual the court appoints to represent and protect the legal interests of a minor in a lawsuit or when parties propose a settlement that affects the minor’s rights. Courts appoint GALs when a minor cannot represent himself or herself and the interests of the minor might differ from those of the nominal party (for example, a parent or guardian).
In Tennessee civil practice the court’s authority to address the capacity and representation of parties appears in the Rules of Civil Procedure. See Tenn. Rules of Civil Procedure (rules and guidance available at the Administrative Office of the Courts: https://www.tncourts.gov/rules/rules-civil-procedure).
Core duties of a guardian ad litem in a minor injury settlement
- Investigate facts: Review medical records, accident reports, and other evidence. Interview the minor (age-appropriately), parents, caregivers, and treating providers as needed.
- Evaluate settlement options: Analyze whether the proposed settlement fairly compensates the minor for past and future medical costs, pain and suffering, and other damages.
- Report to the court: File a written report or make an oral recommendation at the settlement approval hearing describing the investigation and whether the GAL believes the settlement is in the minor’s best interests.
- Protect the minor’s money: Advocate for safe handling of settlement funds (e.g., blocked accounts, conservatorships, structured settlements, court-ordered annuities, or custodial accounts) to ensure funds are available for future needs.
- Appear in court: Attend hearings, examine witnesses if needed, and be available to answer the judge’s questions about the settlement.
How courts handle approval of settlements for minors
When a case involving a minor is settled, Tennessee courts commonly require court approval before money can be distributed. The court must be satisfied the settlement is fair and in the minor’s best interest. The GAL’s role is central to that review; the judge relies on the GAL’s investigation and recommendation when deciding whether to approve the compromise.
Typical protections the court may order include:
- Placement of settlement proceeds in a blocked or restricted account until the minor reaches majority;
- Appointment of a conservator or custodian to manage funds;
- Ordering an annuity or structured settlement payments for future needs; and
- Requiring bond or court oversight of the person who will manage the money.
Who can serve as a guardian ad litem in Tennessee? Can you serve?
Eligible appointees vary by case and by judge. Options include:
- Independent attorney acting as GAL: Many Tennessee courts prefer or require an independent lawyer to serve as GAL in settlements because an attorney has the training to evaluate legal claims and advise the court.
- Trained non‑lawyer GAL volunteers: Some courts operate local GAL programs where trained volunteers investigate and report. The Tennessee Administrative Office of the Courts maintains information about guardian ad litem programs: https://www.tncourts.gov/programs/guardian-ad-litem.
- Parent or guardian: A parent or legal guardian can sometimes serve, but the court will carefully review whether the parent’s interests conflict with the minor’s. If a parent stands to gain or the parent’s viewpoint could be adverse to the child’s long-term interests, the court will typically appoint someone neutral.
- Other relatives or interested persons: Relatives or other parties with an interest in the outcome usually are less likely to be appointed unless the court finds no conflict and the appointment is appropriate under the circumstances.
So, can you serve as GAL? It depends. If you are a neutral person with no conflict and the court finds you qualified, you may be appointed. If you are the minor’s parent, a person with a financial interest, or otherwise conflicted, the judge will likely appoint an independent attorney or trained GAL instead.
How the appointment process usually works
- A party files a motion asking the court to appoint a GAL (sometimes the court will appoint on its own).
- The court evaluates qualifications, potential conflicts, and whether the appointment is in the minor’s best interests.
- The court issues an order appointing the GAL and setting the GAL’s duties and any compensation or bond requirements.
- The GAL investigates, submits a report or recommendation, and participates in the settlement approval hearing.
Compensation and costs
Courts may authorize payment to the GAL from settlement proceeds or require the parties to bear the cost. Fees and fee-splitting arrangements require court approval. If you plan to serve and expect compensation, disclose that to the court when you seek appointment.
Practical tips for someone considering serving as a GAL
- Be transparent about any relationship or financial interest involving the minor or the case.
- If you are not an attorney, consider whether the court or parties will prefer a lawyer-GAL—many judges prefer attorneys for complex injury claims.
- Prepare to review medical records and coordinate with medical experts; settlement review often requires an understanding of future medical needs and costs.
- Understand the court’s likely protections for settlement funds (structured settlements, blocked accounts, conservatorships) and be ready to recommend an appropriate mechanism.
Helpful Hints
- Contact the court clerk early to learn local procedures for appointing a GAL and for settlement approval hearings. Local practices vary by county and judge.
- If you are the parent and the only caretaker, expect the judge to evaluate potential conflicts closely—bring records showing your actions have been in the child’s best interest.
- Consider hiring or consulting a Tennessee attorney experienced in minor settlements and guardians ad litem to advise you and appear in court, especially in serious injury cases.
- Ask the court to include clear orders about how settlement funds are to be managed—who will control funds, what restrictions will apply, and what reporting is required.
- Look for a GAL with experience evaluating future medical needs and with access to medical experts; that background affects the court’s confidence in the recommendation.
- Check for any local GAL programs or lists of qualified attorney-GALs through the Tennessee Administrative Office of the Courts: https://www.tncourts.gov/programs/guardian-ad-litem.
Where to get help
If you need more specific guidance, contact a Tennessee trial attorney with experience in personal injury settlements for minors. The Tennessee Bar Association can provide lawyer referral resources: https://www.tba.org. You can also contact the local circuit or chancery court clerk for local GAL procedures and forms.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Tennessee attorney who can review the facts and local court procedures.