Detailed Answer — When the Court Must Approve a Minor’s Settlement

In Vermont, settlements that resolve a minor’s legal claims (for example, personal injury, medical malpractice, or other tort claims) commonly require court review and approval so the court can protect the child’s interests. The Vermont probate and family courts have responsibility for supervising compromises of claims for minors and for approving how settlement money will be handled. For general guidance on the statutes and probate rules that govern these matters, see Vermont Statutes, Title 14 (Probate, Trusts, and Fiduciary Matters): https://legislature.vermont.gov/statutes/title/14 and the Vermont Judiciary website: https://www.vermontjudiciary.org/.

Will you personally have to appear?

It depends on the court’s procedure and the facts of your case. Typical possibilities:

• Short hearing with the judge present: many courts schedule a brief hearing to review and approve the settlement paperwork. Often the child’s parent or legal guardian, the child’s attorney (or the settling party’s attorney), and any guardian ad litem (GAL) or court-appointed attorney attend.
• Minor present or excused: if the child is old enough to understand the proceeding, the judge may want to question the child briefly. For very young children, the court usually does not require the child’s physical attendance and instead relies on reports from attorneys and the GAL.
• Possible waiver or submission on the papers: in some situations the parties can ask the court to approve the settlement on submitted documents without an in-person hearing. Whether the court allows that varies by county and judge.

What the court looks for at the hearing

The court’s focus is protecting the minor. Typical review points include:

• Is the settlement fair and reasonable given the injuries and likely recovery at trial?
• Does the agreement properly account for medical bills, liens, and attorney’s fees?
• Who will control and manage the money for the child? (e.g., blocked account, guardianship/conservatorship, UTMA/UGMA, structured settlement/annuity)
• If a guardian ad litem or guardian is involved, has that person evaluated the settlement and provided a recommendation?
• Has the required paperwork (petition, settlement agreement, releases, medical records, billing statements, GAL report, proposed order) been filed?

What typically happens at the hearing

Expect a short, administrative hearing in many cases (often 10–20 minutes):

1. The judge will confirm the parties and the child’s relationship to the parties.
2. The court may ask the attorney for a brief factual summary of the case and the settlement terms.
3. If a guardian ad litem or appointed attorney has prepared a report, the judge will note that report and may ask whether the parties accept its recommendations.
4. The judge will determine whether the settlement and proposed distribution of funds are in the child’s best interest and may sign an order approving the compromise and directing how funds will be handled.

Possible court orders and outcomes

After approval, the court may:

• Order funds placed in a blocked account (a restricted account requiring court permission for withdrawals).
• Approve a guardianship or conservatorship to manage the funds for the child until majority.
• Approve a structured settlement (annuity) that pays over time.
• Authorize release of funds to a custodian under the Vermont Uniform Transfers to Minors Act (UTMA) if appropriate.

Timing, costs, and practical concerns

Expect the approval process to add time to finalizing the settlement—commonly several weeks to a few months depending on court schedules, the need for a GAL or additional documentation, and lien resolution. The court may charge filing fees, and the parties may pay costs for a guardian ad litem, accountants, or bond requirements for a proposed guardian or conservator. Attorney’s fees typically must be disclosed to the court and will be reviewed for reasonableness.

How to prepare if you must attend

Bring the following to the hearing (or ensure your attorney files them beforehand):

• All settlement documents and the proposed order for court signature.
• Medical records and itemized medical bills or lien documentation.
• Receipts, if any payments have already been made.
• Identification for the parent/guardian and any attorney appearances.
• Reports or recommendations from a guardian ad litem, if appointed.
• Proof of counsel’s fees and a proposed distribution plan for settlement proceeds.

What if you can’t appear in person?

If you cannot attend, discuss options with the child’s attorney as soon as possible. The court may allow counsel to appear for you or may accept a written affidavit, but judges differ. If travel or health issues prevent a parent or guardian from attending, courts will often consider alternatives if asked in advance.

Where to get accurate, local information

Contact the Vermont Probate Division of the Superior Court for local practice information and filing requirements: https://www.vermontjudiciary.org/. For statutory background, see Vermont Statutes, Title 14 (Probate, Trusts, and Fiduciary Matters): https://legislature.vermont.gov/statutes/title/14.

Disclaimer: This article explains general principles about minor settlements in Vermont. It is educational only and not legal advice. For advice about a specific case, consult a qualified Vermont attorney who handles minor settlement approvals or probate matters.

Helpful Hints — Practical Checklist for a Minor Settlement Hearing in Vermont

• Ask your attorney early whether the court will require a hearing or will accept the matter on submitted papers.
• Confirm whether the court will appoint a guardian ad litem; if so, budget time for that report (it can add weeks).
• Gather all medical records, itemized bills, and lien information before filing the petition; unresolved liens delay approval.
• Prepare a clear settlement distribution plan that shows attorney fees, medical payments, and the child’s net recovery.
• Discuss options for safeguarding funds (blocked account, UTMA custodian, structured settlement, or guardianship) and know the pros and cons of each.
• If the child is old enough, ask your attorney about whether the judge typically requires the child’s short appearance in your county.
• Bring identification, copies of key documents, and contact information for all counsel to the hearing.
• Be prepared for a short hearing—judges usually focus on fairness and fund protection, not relitigating liability.
• Expect the court to reduce attorney fees only if it finds they are excessive; be ready to justify fees and costs.
• If travel, disability, or scheduling makes attending difficult, notify the court and opposing counsel early to discuss alternatives.

Need help finding an attorney? Look for lawyers in Vermont who handle child settlements, probate, guardianships, or personal injury for minors. Ask about their experience obtaining court approval of minor settlements and how they handle fund management after approval.

Final reminder: This information is general and may not reflect recent local procedural changes. It is not legal advice. For case-specific guidance, speak with a Vermont attorney familiar with probate and minor-compromise proceedings.