Do I Need to Attend a Minor Settlement Hearing in New Hampshire, and What Should I Expect?

Short answer: In New Hampshire, most minor (under-age) settlements require court approval. The court will usually hold a hearing or review where a judge confirms the settlement is fair, that the minor’s interests are protected, and decides how the money will be managed for the child. A parent or guardian, the minor’s attorney, and sometimes a guardian ad litem or the minor themselves will attend or participate. This article explains the typical steps, what happens at the hearing, what documents you’ll need, and practical tips to prepare.

Detailed answer — how minor settlements work in New Hampshire

When a person under 18 in New Hampshire receives a personal-injury recovery, insurance payout, or any other claim settlement, New Hampshire courts normally must approve the settlement to protect the child’s financial interests. The approval ensures the agreement is fair and that the minor won’t be exploited or lose benefits (like Medicaid). The court also sets how the funds will be held until the child can use them.

Which court handles the matter? Most minor-settlement approvals are handled by the Probate Division of the Superior Court or the county probate court process. For practical information and forms, the New Hampshire Judicial Branch provides probate division resources and forms here: New Hampshire Judicial Branch — Probate Division. You can also search New Hampshire statutes at the state legislature site: NH Revised Statutes Annotated (RSA) index.

Do you have to attend the hearing?

Usually, at least one responsible adult (a parent or legal guardian) and the minor’s attorney should be present. The court may also require the minor to be present depending on the minor’s age, the facts of the case, or local court practice. If the court appoints a guardian ad litem or independent counsel to represent the child’s interests, that person will appear and speak for the minor at the hearing.

Many courts allow lawyers to appear in person on behalf of clients. In some situations the court can approve a settlement based on paperwork alone or a brief in-court hearing without the minor appearing, especially for routine cases. However, you should assume in-person or remote attendance is required unless your attorney confirms otherwise.

What will happen at the hearing?

• Judge reviews settlement terms: the judge will confirm the total settlement, how much is paid by each source, and what the minor will receive after attorney fees and expenses.
• Review of attorney fees and expenses: the court will scrutinize fees and costs charged by attorneys to ensure they are reasonable for the work performed.
• Assessment of liens and subtractions: the judge will consider medical liens, Medicaid or other public benefits liens, and whether any portion must be paid to third parties.
• Consideration of how funds will be held: the court will typically order funds to be placed in a blocked account, custodial account, or other protective arrangement until the minor reaches majority or an age designated by the court. The court may approve a structured settlement as an alternative.
• Possible appointment of guardian ad litem or independent counsel: if the court thinks additional protection is needed, it may appoint someone to represent the minor’s independent interests.
• Formal court order: if the settlement is approved, the court issues an order describing how the funds are distributed and held and resolving any liens or fees.

Typical documents you must bring or file

• Petition or motion to approve minor settlement (filed by the minor’s lawyer or guardian).
• Signed settlement agreement or release from the insurer/defendant.
• Itemized list of attorney fees, costs, and liens (medical, health-insurance, Medicaid).
• Documentation of the minor’s identity — e.g., birth certificate — and proof of guardianship if a guardian is acting for the minor.
• Proposed plan for managing funds (blocked account, trust, structured settlement paperwork, or proposed guardian/ conservator arrangement).
• Any required notice to interested parties (parents, custodial agencies, lienholders).

How long does approval take and when will funds be available?

Timing varies. If the court needs only a short hearing, approval can come in a few weeks after filing. If the court orders additional protections (appointee, valuation of liens, or structured settlement arrangements), it may take longer. After the judge signs the order, the bank or payer usually must follow the court order — the payer may need certified copies of the order before releasing funds into a blocked account or trust.

Common outcomes for how funds are held

• Blocked or custodial account at a bank: funds are deposited and cannot be withdrawn without a court order or until the minor reaches majority.
• Minor’s trust (court-supervised): a trustee holds and manages funds per court instructions.
• Structured settlement: periodic payments to the minor over time, arranged with an annuity provider.
• Appointment of a conservator/guardian of property: in rare cases, the court appoints someone to manage a larger estate for the child.

Rights and considerations

• Protection against unfair fees: the court reviews attorney fees so the minor doesn’t pay an unreasonable share of the recovery.
• Protecting public benefit eligibility: courts and counsel must consider how settlement proceeds affect Medicaid or other public benefits for the minor.
• Tax considerations: most personal-injury damages for physical injuries are not taxable, but you should ask a tax professional about any allocation for lost wages or interest.

Helpful Hints — practical checklist before the hearing

1. Talk to the attorney early: confirm whether the minor must appear and who will speak for the child at the hearing.
2. Gather documents: settlement agreement, medical bills, lien letters, birth certificate, guardianship papers, and ID for the signing adult.
3. Confirm costs and fees in writing: get a clear, itemized statement of attorney fees and expected disbursements before the hearing.
4. Ask about public benefits and liens: check Medicaid or other lien obligations before final approval so the court can resolve them at the hearing.
5. Consider a structured settlement: for large sums, ask whether structured periodic payments make sense for tax, budgeting, or benefit-preservation reasons.
6. Bring proof of parental authority: if a parent is signing, bring documentation showing legal custody or guardianship if applicable.
7. Get the court’s order in writing: after approval, obtain certified copies so you can provide them to the bank or payer to release funds as ordered.
8. Plan for future access: learn the process to obtain court permission for any withdrawals or for the child to access funds at majority.

Where to learn more and where to get help

Start with the New Hampshire Judicial Branch Probate Division for local procedures and forms: https://www.courts.state.nh.us/courtdivisions/probate/index.htm. For statute text or legislative guidance, use the NH RSA index: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html.

If you have a settlement pending, consult a New Hampshire attorney experienced with minor settlements or probate matters. A lawyer can tell you whether the minor must appear, prepare necessary paperwork, request appropriate protections, and represent the child’s best interests at the hearing.

Disclaimer: This article explains general information about New Hampshire minor-settlement procedures and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, contact a licensed New Hampshire attorney.