Minor Settlement Hearings in Missouri: What to Expect and Whether You Must Attend

Disclaimer: This information is educational and does not constitute legal advice. For advice about your situation, speak with a Missouri attorney.

Short answer

Missouri courts generally require court approval before a settlement for a minor becomes final. Whether you personally must attend the hearing depends on local practice, the judge, and whether you are the minor, the minor’s parent/guardian, or the minor’s lawyer. Often an attorney can appear for the parties, but judges commonly require a parent or guardian to be present (or at least available) and may require the minor to attend in certain situations. Expect paperwork, a proposed order, possible appointment of a guardian ad litem, review of fees and liens, and instructions about how the funds will be held or distributed.

Detailed answer — Missouri process and what to expect

1. Why the court is involved

Courts approve settlements for minors to protect the child’s interests. Approval ensures the settlement is fair, that attorney fees and medical liens are reasonable, and that the settlement funds will be safeguarded until the minor can responsibly use them.

2. Formal steps you will usually see

1. Preparation and filing of a petition or motion asking the court to approve the agreement. That filing will include the settlement agreement, a proposed order, and an explanation of how funds should be handled (for example, into a blocked account, trust, or structured settlement).
2. Notice to interested parties. Missouri practice requires notice to the child’s parents/guardians and sometimes to other interested parties or agencies (for example, Medicaid or lienholders) so they can object or file claims.
3. Possible appointment of a guardian ad litem (GAL). If the court believes the minor needs independent representation — for example, if the parents’ interests conflict with the child’s — the court may appoint a GAL to investigate and recommend approval or rejection of the settlement.
4. A court hearing or review on the written record. The judge will review the materials and often hold an in-court hearing before signing an order that approves the settlement.
5. Entry of an approved order that controls disbursement of funds. The order may require funds to be placed in a blocked account in the probate division, a trust, or a structured settlement annuity. The order may also direct payment of approved attorney fees and liens.

3. Who typically must attend

Attendance rules vary by court and judge, but these general points apply:

• If an attorney represents the minor and files the required paperwork, many judges will allow the attorney to appear in court without the parent or guardian. However, some judges still want the parent/guardian present to answer questions and verify facts.
• If there is a guardian ad litem or if the court has concerns about fairness, the court may require the minor and parent to be present so the judge can ask questions directly.
• Some courts allow telephonic or video appearances. Ask the court clerk or your attorney about remote participation options.

4. What the judge will ask or look for

At the hearing, expect the judge to probe issues such as:

• Whether the proposed settlement fairly compensates the minor for damages claimed (medical bills, pain and suffering, future care).
• Whether the attorney fees and expenses are reasonable and adequately documented.
• Whether liens (medical providers, Medicare/Medicaid, insurers) are addressed and whether the settlement will satisfy those liens.
• How the funds will be protected (blocked account, trust, structured settlement) and who will control disbursement.
• Whether any guardianship or conservatorship issues exist that might affect the distribution.

5. Common outcomes the court may order

• Approval of the settlement and an order directing payment of attorney fees and liens.
• Requirement that funds be placed in a blocked bank account or a court-approved trust until the minor reaches the age of majority or meets other conditions.
• Appointment of a guardian or conservator to manage funds if no adequate arrangement exists.
• Referral to mediation or additional documentation if the judge feels the settlement needs clarification.

6. Timing, cost, and practical notes

Court approval hearings are often brief (sometimes 10–30 minutes) when paperwork is complete and uncontested. Expect scheduling delays if the court needs more information, a GAL must be appointed, or lienholders contest the distribution. The court may charge filing fees or require costs tied to probate or guardianship matters.

Missouri resources and where to look for rules and forms

Missouri maintains official statute and court resources online. For general reference see the Missouri Revisor of Statutes (laws and statutes): https://revisor.mo.gov/. For court procedures, local rules, and probate/guardianship information see the Missouri Courts website: https://www.courts.mo.gov/. Your county probate court or circuit court clerk’s office can also provide local forms and hearing procedures.

When you definitely should attend

• If the judge requests your presence or the clerk tells you personal attendance is required.
• If the settlement is large, complicated, or any party objects or raises questions about fairness or liens.
• If you are a parent or guardian and the judge wants to question you or the minor in court.
• If you need to sign documents in open court or swear under oath.

When an attorney can appear for you

A qualified attorney experienced in Missouri minor settlements can often appear for the parties, present the petition, and answer the judge’s questions. That attorney can also help draft proposed orders, coordinate lien resolution, and arrange how funds will be protected. If you cannot attend, give your attorney clear written authorization and check with the court about remote appearance rules.

Helpful Hints

• Contact the court clerk early to confirm whether personal attendance is required and whether remote appearance is allowed.
• Bring or provide to counsel: the settlement agreement, medical records and bills, proposed order, proof of guardianship (if applicable), and any liens or payoff statements.
• Ask the proposing attorney for an itemized breakdown of fees, costs, and lien payments before the hearing so the court record is complete.
• Consider whether a structured settlement, special needs trust, or blocked account is best to protect the minor’s public benefits and long-term needs.
• If you expect Medicaid, Medicare, or private liens, resolve or present lien agreements at the hearing to avoid later disputes.
• If you are unsure whether the settlement is fair, ask for time to consult independent counsel or request a guardian ad litem evaluation.
• Keep copies of all court documents and the signed court order. The order controls how funds are distributed and protected.

If you have questions about a specific case, contact a Missouri attorney who handles minor settlement approvals and probate matters. An attorney can review documents, confirm hearing requirements in your county, and represent the minor’s best interests in court.