Short answer

Yes — most minor settlements in South Carolina require court approval and a hearing. The court reviews the proposed settlement to make sure it is fair and in the child’s best interest. The minor does not always have to speak at the hearing, but the court will usually require a guardian ad litem or adult representative to appear. An attorney for the minor, the guardian, and representatives for the settling parties commonly attend.

Why the court must approve a minor’s settlement

Court approval protects children who cannot legally enter binding contracts. The judge verifies that the settlement is reasonable, that necessary liens and costs (for example, medical liens or attorney fees) are addressed, and that the money will be handled appropriately for the minor’s benefit. In South Carolina, rules governing guardianship, probate, and court supervision apply; see S.C. Code Title 62 (probate/estate matters) and S.C. Code Title 15 (court procedures) for the statutory framework and court powers: https://www.scstatehouse.gov/code/title62.php and https://www.scstatehouse.gov/code/title15.php.

Who usually must attend the hearing?

• The minor’s attorney (if one is retained) or the person representing the minor’s interests.
• The minor’s guardian or parent in most cases.
• The guardian ad litem (GAL), if the court appoints one; the GAL often must file a written report and may appear in court to recommend approval or modification.
• Counsel for the opposing/settling parties (defendant, insurer, or their attorneys).
• The minor may attend, but many courts do not require the child to testify in person, especially very young children. A judge may want to hear from an older minor in limited circumstances.

Typical procedural steps before the hearing

1. Negotiate and finalize a written settlement agreement between the parties.
2. File a petition with the appropriate South Carolina court asking the judge to approve the minor’s settlement. Depending on the case, filings may occur in Probate Court, Family Court, or Court of Common Pleas; a local attorney can confirm the correct court.
3. The court may appoint a guardian ad litem to represent the minor’s independent interests. The GAL will investigate and file a report or recommendation before the hearing.
4. Provide notice to interested parties (parents, guardians, insurers, lienholders). The court will set a hearing date after sufficient notice.
5. Submit proposed orders, briefs, and any required accounting or lien resolution documents to the court ahead of the hearing.

What happens at the hearing

Hearing procedures vary by county and court, but most hearings follow this pattern:

• Clerk calls the case. Attorneys and interested parties state their appearances on the record.
• The petitioner (often the minor’s counsel or guardian) summarizes the claim, terms of settlement, and reasons the settlement benefits the minor.
• The guardian ad litem (if appointed) provides a report or speaks to their findings and recommendation.
• The judge may ask questions to confirm the minor’s best interests are served, ensure fees and liens are reasonable, and confirm the proposed distribution plan (for example, blocked account, structured settlement, trust, or payment to a fiduciary).
• The court either approves the settlement as submitted, approves it with changes, or denies approval and schedules further proceedings.

Most routine hearings are brief (often 10–30 minutes). Complex cases with disputes over fee amounts, medical liens, or claims valuation can take longer.

Practical documents and items to bring

• Copy of the settlement agreement and proposed distribution plan.
• Filed petition and any supporting filings (GAL report, medical records summary, accounting of past expenses).
• Proof of identity for attendees (driver’s license or other government ID) and proof of guardianship if not obvious.
• List of liens and written responses from lienholders, if available (medical providers, insurers, Medicaid/Medicare).
• Proposed order for the judge to sign approving the settlement and specifying how funds will be held or distributed.

How the court may order funds handled

The judge will decide how to protect the minor’s recovery. Common options include:

• Placement of funds in a blocked bank account that requires court permission for withdrawal.
• Creation of a trust or conservatorship to manage larger sums.
• Structured settlement annuity that pays out over time.
• Distribution of a modest lump sum for immediate needs with the remainder protected for future use.

Common issues that can delay approval

• Unresolved medical or Medicare/Medicaid liens.
• Disputed attorney fee requests (courts must ensure fees are reasonable and in the minor’s best interest).
• Lack of a guardian ad litem report when the court expects one.
• Insufficient notice to all required parties.
• Large settlements that warrant a trust or conservatorship and additional hearings.

How an attorney can help

A lawyer familiar with South Carolina minor-settlement practice will:

• Draft and file the necessary petition and proposed orders.
• Coordinate with lienholders, insurers, and the guardian ad litem.
• Recommend the best way to protect funds (structured settlement, trust, blocked account).
• Appear at the hearing and explain the settlement to the judge.

Helpful hints

• Start the court-approval process early: resolving liens and preparing the GAL report can take weeks.
• Keep careful records of medical bills and related expenses; the court will want documentation of liens and any subrogation claims.
• Ask how the court typically approves attorney fees (percentage or lodestar) in your county and be prepared to justify the fee amount.
• Consider a structured settlement or trust for large recoveries to protect the child and reduce the need for future court supervision.
• Confirm the correct court for filing (probate, family, or civil court) with local counsel — procedures differ by jurisdiction and case type.
• Bring originals and certified documents if the court asks for them; have extra copies for the judge and parties.