Detailed Answer

This article explains, in plain language, how a guardian ad litem (GAL) is appointed in connection with a settlement on behalf of a minor in Connecticut, what the GAL does, and what steps parents, attorneys, and others typically must take to get court approval for a minor’s compromise. This is educational information only and not legal advice.

What is a guardian ad litem (GAL)?

A guardian ad litem is a person the court appoints to represent the best interests of a child (a minor) in a particular legal matter. In the context of a settlement of a civil claim for a minor (for example, a personal injury case), the GAL’s role is to review the proposed settlement and recommend to the court whether the settlement is fair, adequate, and in the child’s best interest.

Who appoints the GAL?

In Connecticut the court with jurisdiction over the proposed settlement—commonly the Superior Court in which the claim is pending or a Probate Court in certain circumstances—will appoint the GAL. The court decides who to appoint after receiving a petition or motion asking for court approval of the settlement. Courts often appoint an independent attorney to serve as GAL, because the GAL must be impartial and must advocate for the minor’s best interests.

When is a GAL required?

A GAL is typically required when a minor is a party to a lawsuit and the parties reach a proposed settlement that requires court approval before any money or property can be paid to or for the benefit of the minor. Courts use a GAL where there is any risk that the settlement might not adequately protect the minor—examples include substantial settlement amounts, competing parental interests, or questions about how funds should be managed for the child’s future needs.

Step-by-step: How the GAL appointment and settlement-approval process usually works

1. Prepare the settlement documents. The parties (usually the plaintiff’s attorney and defense counsel) prepare a settlement agreement and a motion or petition asking the court to approve the minor’s compromise. The papers should describe the claim, the settlement terms, and why the settlement is reasonable.
2. File a petition or motion with the court. The attorney for the minor or the parties files the petition/motion and proposes that the court appoint a GAL if one is not already involved. The papers typically attach the settlement documents and any supporting affidavits or medical records the court will want to review.
3. The court appoints a GAL. If the court believes appointment is appropriate, it will appoint a GAL to represent the child’s best interests for the purpose of the settlement. The GAL is most often an independent attorney but may be another qualified person at the court’s discretion.
4. GAL investigation and report. The GAL reviews the settlement, talks with the minor (when appropriate), parents or guardians, and counsel, and investigates the facts and the proposed uses of settlement funds. The GAL then files a report or makes a recommendation to the court on whether the settlement is fair and should be approved.
5. Court hearing. The court schedules a hearing to consider the petition and the GAL’s recommendations. At the hearing the judge accepts evidence and may question the parties, the GAL, and counsel. The judge focuses on the minor’s best interest, fairness of attorneys’ fees and costs, and how settlement funds will be handled.
6. Approval or modification. If the court finds the settlement fair and in the child’s best interest, it will enter an order approving the settlement and directing how the funds will be distributed or managed. The court may approve the settlement as proposed, approve it with modifications (for example, directing that some funds be placed into a restricted account), or reject it.
7. Distribution and post-approval management. After approval, the court’s order controls the disbursement or placement of settlement funds. That may include payment to the minor’s parents for medical liens, attorneys’ fees, establishment of a blocked/qualified account or trust, or appointment of a conservator by the Probate Court to manage larger sums.

Common duties and authority of the GAL

• Investigate the circumstances of the claim and the fairness of the settlement.
• Meet with the minor (if appropriate) and other relevant people.
• File a written report or recommendation to the court.
• Attend the court hearing and advocate for the minor’s best interests.
• Propose safeguards for funds (e.g., restricted account, trust, or Probate Court conservatorship) if needed.

Who pays the GAL and how much?

The court typically orders payment of the GAL’s reasonable fees from the settlement proceeds. The court reviews and approves fees to make sure they are reasonable relative to the work performed and the size of the settlement. The GAL often files a billing summary or request for fees that the court will approve as part of the settlement order.

What happens to settlement funds?

Courts try to protect funds intended for a minor’s long-term needs. Options include:

• Placing funds in a restricted or blocked account at a bank, payable only with court approval;
• Establishing a statutory or testamentary trust or special needs trust where appropriate;
• Paying certain amounts to parents or medical providers for liens or care costs; and
• Referring large sums to the Probate Court for appointment of a conservator or guardian to manage the money on behalf of the minor.

When might the Probate Court become involved?

If the settlement creates a need for a conservator to administer substantial funds for the minor, or if the court directs that a conservator manage the proceeds, the Probate Court may be asked to appoint a conservator. The Probate Court also oversees guardianships and conservatorships and can supervise the long-term management of funds.

How long does the process take?

Timing depends on court schedules, the need for investigation, and complexity. Simple approvals can take a few weeks; contested or complex matters (especially where large funds or trusts are involved) can take months.

When you should involve an attorney

If you are a parent, guardian, or minor who is a party to a claim, or an attorney handling such a claim, consider hiring counsel who handles minor-compromise matters. Experienced counsel can prepare the petition, coordinate with a GAL, propose appropriate protection for funds, and present the matter clearly to the court.

For Connecticut statute text, court rules, and forms, consult the Connecticut General Assembly and the Connecticut Judicial Branch websites: https://www.cga.ct.gov/ and https://www.jud.ct.gov/. Those sites include statutes and practice materials that govern court procedures and Probate matters in Connecticut.

Disclaimer: This information is educational only and does not constitute legal advice. Laws and procedures change. Use this as a starting point and consult a licensed Connecticut attorney about your specific situation.

Helpful Hints

• Start early: file the settlement petition as soon as the parties agree so the court can schedule any needed hearing and GAL investigation.
• Document everything: medical records, bills, and a clear breakdown of settlement allocation help the GAL and the court evaluate fairness.
• Propose protections for funds: suggest a blocked account, trust language, or Probate conservatorship when large sums are involved.
• Be transparent about fees: disclose attorneys’ fees, medical liens, and proposed GAL fees so the court can review them.
• Choose an independent GAL when possible: courts prefer impartial attorneys for complex or high-value settlements.
• Expect oversight: courts commonly supervise distribution of settlement money to protect the minor’s long-term interests.
• If contested, consider mediation: disputes over settlement fairness or fund management can sometimes be resolved without protracted litigation.