Understanding Guardians ad Litem in Washington Minor Injury Settlements

Short answer: A guardian ad litem (GAL) is a court-appointed adult who protects a minor’s legal interests in a lawsuit or settlement. Washington courts routinely use CR 17(c) to appoint a GAL when a minor’s claim, settlement, or potential conflict requires independent protection. A parent can sometimes act as a “next friend” or even be appointed a GAL, but the court will not allow a person with a conflict of interest to serve. Courts often require an independent GAL and court approval of any settlement to make sure the minor’s recovery is fair.

What a guardian ad litem does in a minor personal-injury case

A guardian ad litem’s job is to protect the minor’s legal interests from the start of litigation through final disbursement of funds. Typical GAL duties include:

• Investigating the facts and the claim through interviews, records review, and consulting experts if needed.
• Meeting with the minor (when appropriate) and the minor’s parents or caregivers to understand the minor’s needs and best interests.
• Reviewing settlement offers and advising the court whether a proposed settlement is fair and in the minor’s best interest.
• Filing reports, recommendations, or accountings with the court. The GAL may ask the court to approve a particular distribution or to place settlement funds in a protected or restricted account for the minor’s benefit.
• Helping the court decide whether a parent or other caregiver has a conflict that would prevent them from protecting the minor’s interests.

Authority in Washington

Washington’s court rules cover court appointment of guardians ad litem for persons under disability, including minors. See Washington Civil Rule 17(c) for rules on appointment and responsibilities for guardians ad litem: CR 17(c). The Superior Court has the power to appoint a GAL and to approve or reject settlements affecting a minor’s legal rights.

Can a parent serve as the guardian ad litem?

Short answer: sometimes — but not always. How the court treats a parent depends on whether a conflict of interest exists and on the complexity or size of the settlement.

• Next friend or parent plaintiff: Parents commonly act as a minor’s “next friend” to start a lawsuit on the child’s behalf. Acting as next friend is different from serving as a court-appointed guardian ad litem.
• When parents may serve: If there is no conflict between the parent’s personal interests and the child’s interests, a court may allow a parent to act as the minor’s representative or even appoint the parent as GAL in low-risk situations.
• When the court will appoint an independent GAL: If the parent’s interests might conflict with the minor’s (for example, the parent could personally benefit from the outcome, the parent is a defendant, or the settlement amount is large or complex), courts commonly appoint an independent GAL or independent counsel for the minor.
• Court’s protective role: Even when a parent is the next friend, Washington courts frequently require court approval of the settlement and may insist on an independent GAL or attorney to review the proposed deal before approving the release and disbursement of funds.

How courts review and approve settlements for minors

Court approval protects the minor and ensures funds pay for the minor’s benefit. Typical court steps include:

• Filing a motion or petition asking the court to approve a settlement and to appoint a GAL if one is needed.
• Providing evidence about the claim, medical needs, and proposed use of funds.
• Holding a hearing at which the court reviews the settlement terms and the GAL’s recommendation.
• Ordering the funds placed in a protected vehicle, such as a blocked account, structured settlement, or trust, when appropriate.
• Approving payment of reasonable attorney fees and GAL expenses from the settlement only after review and court approval.

Can you serve as the GAL? Practical steps

If you are considering serving as GAL for a minor’s injury claim, follow these steps and keep the child’s best interest central:

1. Check for conflicts: Ask whether you or close family members would gain from the outcome. If any conflict exists, the court is unlikely to appoint you.
2. File the right paperwork: File a motion or stipulated order asking the court to appoint you as GAL (or appear at a hearing where the court considers appointments). Include a written statement of qualifications and a disclosure of any possible conflicts.
3. Be prepared to investigate: Courts expect a GAL to gather records, interview parties, and explain why a settlement is or is not fair.
4. Account for fees: If you seek payment, be transparent and get court approval before taking fees from settlement proceeds.
5. Follow court orders: If appointed, the court’s directions control how you evaluate offers and how you recommend disbursement of funds.

Common scenarios and likely court responses (hypotheticals)

These examples show how courts often act in Washington:

• Small settlement, no dispute, parents agreeing, no conflict: The court may accept a parent as next friend and approve the settlement after a short review.
• Large settlement or long-term care needs: The court usually appoints an independent GAL or independent counsel to evaluate the settlement and protect the child’s future needs.
• Parent is defendant or might benefit from funds: The court will not allow that parent to act as GAL and will appoint an independent GAL or counsel.

Helpful hints

• Ask the court for guidance early. A prompt motion to appoint a GAL avoids delays later when seeking settlement approval.
• Expect the court to require a hearing before approving any settlement that releases a minor’s claim.
• Prepare documentation: medical records, estimates of future care, and a written explanation of how funds will be used or protected help a GAL persuade the court the settlement is fair.
• Consider protected payment options: blocked accounts, trusts, or structured settlements preserve funds and often satisfy a court’s concern about long-term care for the minor.
• Get independent counsel if there’s any doubt. An independent attorney for the minor or an independent GAL reduces the risk the court will reject the proposed settlement or later reverse disbursements.
• Know that compensation for the GAL and counsel requires court approval—do not take fees without express court authorization.

Where to look in Washington law

Washington Civil Rule 17(c) governs appointment of guardians ad litem for minors and persons under disability: CR 17(c). Your local superior court’s civil procedures and the judge’s practices also influence how appointments and settlement approvals occur.

Next steps if you are involved in a minor’s injury claim

1. Contact the court clerk in the county where the case is filed to learn local requirements for appointing a GAL and for settlement approval hearings.
2. Consider hiring or consulting with an attorney experienced in representing minors in personal-injury or settlement matters so the court sees an organized record and the child’s interests are protected.
3. If you plan to petition to be appointed GAL, prepare a written statement of your qualifications and any disclosures about conflicts of interest.