Will I need to attend the court hearing for a minor settlement, and what should I expect?

Short answer: Most of the time someone connected to the minor — usually a parent or guardian plus the minor’s lawyer and any guardian ad litem or guardian of the estate — must appear at a court hearing to ask a judge to approve the settlement. The judge’s review focuses on whether the settlement is fair and in the minor’s best interest. This article explains what typically happens in Ohio, who must appear, what documents the court will review, and practical steps to prepare.

Why Ohio courts review minor settlements

Courts review and approve settlements for minors to protect the child’s legal and financial interests. Because a minor cannot generally sign away future rights or manage sizable proceeds, a judge must confirm the deal is fair, that attorney fees and medical liens are reasonable, and that money will be handled in a way that benefits the child.

Governing law and rules (where to read more)

Representation rules for infants and incompetents in civil cases are addressed by Ohio Civil Rule 17 (Rule 17). See the Ohio Rules of Civil Procedure: Ohio Civ. R. 17 (see PDF, search for Rule 17). For the exact local probate or juvenile court procedures that apply in your county, check your county probate or juvenile court website and the Ohio Revised Code at codes.ohio.gov.

Who usually must attend the hearing?

• Parent(s) or legal guardian of the minor — to present and support the petition for approval.
• The minor’s attorney — to explain the settlement, fees, and distribution plan.
• Guardian ad litem (GAL) or guardian of the estate — if the court has appointed one. A GAL may be required to investigate and report whether the settlement is in the child’s best interest.
• Sometimes the minor — in some counties judges ask older minors (commonly age 12–14 or older) to appear so the judge can speak with them in camera or on the record about the settlement. Local practice varies.
• Other interested parties — e.g., lienholders, public benefits representatives, or insurers, if the court requires their presence or a showing that liens and benefits issues are resolved.

What the court will review at the hearing

At the hearing the judge typically focuses on:

• Whether the settlement amount is reasonable under the circumstances.
• Whether attorney fees, costs, and any representative fees are fair and properly itemized.
• Whether medical liens, health-plan liens, or government benefit liens (Medicaid, etc.) have been addressed or will be satisfied from the settlement.
• How the funds will be managed for the minor (example: lump sum to a guardian of the estate, blocked account, structured settlement, or creation of a court-approved trust or conservatorship).
• Whether the minor’s legal interests are adequately represented (by counsel or by a guardian ad litem) and whether the settlement protects future needs.

How long does the hearing take?

Most minor-settlement approval hearings are short — often 10–30 minutes — when the paperwork is in order and there are no disputes. If the court needs more information (contested fees, unresolved liens, or concerns about the distribution plan), the hearing may last longer or be continued.

Typical documents the court will expect

• Petition or motion to approve the compromise/settlement (filed in the appropriate court: probate, juvenile, or civil court).
• Copy of the settlement agreement and release.
• Itemized statement of attorney fees and costs, and any contingency fee agreement.
• Evidence of lien resolution or a proposed plan to satisfy medical and other liens.
• Proposed order for the judge to sign (often includes how funds should be held or disbursed).
• Proof of notice to interested parties (if required by local rule).

Possible outcomes of the hearing

• Approval: the judge signs an order approving the settlement and directing how to disburse funds.
• Conditional approval: the judge approves only after required changes (for example, a different allocation, a blocked account, or lien resolutions).
• Denial or continuation: the court may deny or continue the hearing if it needs more information or if the settlement appears unfair.

Special issues to expect in Ohio

• Local rules vary. Some Ohio probate courts require all minor settlements to be handled through the probate division; others permit settlement approval in civil or juvenile court. Check your county court’s requirements.
• Courts are protective of minors receiving public benefits (Medicaid or SSI). A settlement could affect eligibility; the court will want to see a plan to protect benefits if appropriate.
• Large settlements often trigger more rigorous accounting or a requirement that funds be placed with the probate court or with a blocked-interest-bearing account for the minor.

Practical checklist — what to do before the hearing

1. Confirm the hearing date, time, courtroom, and whether anyone must attend in person or whether the court allows remote appearance.
2. Ask the attorney to prepare and file the petition, proposed order, itemized fee statement, and any required notices well before the hearing.
3. Gather medical lien information, insurance settlement paperwork, and ID documents the court may request.
4. Discuss payment options with counsel: lump sum, structured settlement, blocked account, or court-supervised trust — and the pros and cons of each.
5. Talk with your attorney about how the judge typically handles older minors’ presence and whether the minor should come to court.

When you might not need to attend

Some courts allow approval without the parent and minor physically present if the court has received a full petition, a guardian ad litem report, and appropriate waivers or notices. However, many judges prefer at least the parent/guardian and attorney to appear. Do not assume you can skip the hearing without first confirming with counsel and the court.

When to get legal help

If the settlement amount is substantial, if there are unresolved liens or Medicaid/SSI issues, or if anyone disputes the settlement (attorney fee, distribution, or best-interest concerns), you should consult an attorney experienced with Ohio minor settlements and probate/juvenile court practice. An attorney will prepare the filings, represent the minor’s interests, and explain how best to structure the settlement for the child’s financial protection.

Helpful links and resources

• Ohio Rules of Civil Procedure (Rule 17 and related rules): Ohio Civ. R. (PDF)
• Ohio Revised Code and searchable statutes: codes.ohio.gov (search local probate, guardianship, and settlement statutes)
• Check your county probate or juvenile court website for local filing and hearing rules (search your county name + “probate court” or “juvenile court”).

Helpful Hints

• Do not skip the hearing without written confirmation from your attorney and the court — missing a required appearance can delay or derail the settlement.
• Bring original documents and copies: the court may want to review the settlement, fee agreement, and lien paperwork in person.
• Ask for a written breakdown of proposed attorney fees and costs well before the hearing so you can object if something looks excessive.
• Consider a blocked account or court-approved trust for large settlements to protect the funds until the minor reaches adulthood.
• Address government benefits early; settlements can affect Medicaid or SSI eligibility, and courts will want proof that benefits will be protected or restored.
• If you do not have an attorney for the minor, ask whether the court will appoint a guardian ad litem or counsel — Ohio courts frequently require independent representation for minors in settlements.

Disclaimer: This article provides general information about Ohio procedures for minor-settlement hearings. It is educational only and is not legal advice. Laws and local court practices change. For advice about your situation, contact a licensed Ohio attorney who handles minor settlements and probate or juvenile-court matters.