Nevada: Guardian ad Litem Appointment Process for Minor Settlements

Detailed answer: How Nevada courts appoint a guardian ad litem in a minor’s civil settlement

This section explains the typical court process in Nevada when a child is a party to a lawsuit or a claim and the case (or an offer) needs court approval through appointment of a guardian ad litem (GAL). The GAL is a neutral person the court appoints to protect the child’s legal interests during litigation and settlement. This is an overview of common steps, courtroom practice, and the role the GAL plays. This is explanatory only and not legal advice.

1. Why the court may appoint a guardian ad litem

Nevada courts appoint a guardian ad litem whenever a minor (or another person lacking legal capacity) is a party and the court believes the minor’s interests need independent protection. Typical reasons include a proposed settlement, a conflict between the minor and a parent or guardian, or complex claims where the court wants a neutral advocate to evaluate whether a settlement is fair for the child.

2. Who asks the court to appoint a guardian ad litem

Any party to the case (including a parent, guardian, the defendant, or the minor’s attorney), or the court on its own motion, may ask for a GAL. The court will consider the request and may schedule a hearing to decide whether a GAL is necessary.

3. Filing the request or motion

The asking party files a written motion or petition in the district court that has jurisdiction over the case. The filing usually explains why a GAL is needed (for example, a settlement has been proposed, or the parents disagree, or there is a potential conflict). The motion should attach relevant documents such as the proposed settlement, medical records, or other material that shows why independent protection is necessary.

4. Court investigation and selection of the GAL

After the request, the judge will decide whether to appoint a GAL. If the court appoints one, the judge either names a specific person (often an attorney with experience in representing minors) or asks the parties to propose qualified candidates. Courts usually appoint attorneys as GALs, but in some situations a trained non‑lawyer neutral may serve if local rules allow.

5. The GAL’s duties and investigative steps

Once appointed, the GAL’s duties typically include:

Reviewing the case file, medical records, and any settlement offers;
Interviewing the minor when appropriate, the parents/guardians, treating providers, and counsel;
Investigating factual and legal issues that affect the minor’s best interests;
Filing a written report or recommendation to the court and appearing at hearings to explain the GAL’s view on whether the settlement is fair and reasonable;
Objecting if the GAL believes the proposed settlement or actions do not protect the minor’s interests.

6. Court hearing on settlement approval

The court will schedule a hearing to approve any settlement involving a minor. The GAL presents findings and a recommendation. The judge evaluates whether the settlement is in the minor’s best interests, considering the GAL’s report, counsel’s arguments, the settlement documents, and any statutory standards for approval or required protections for the minor’s funds.

7. Typical outcomes the court may order

Depending on the amount and nature of the settlement and the court’s view, the judge may:

Approve the settlement and permit the release of funds;
Approve the settlement but require funds to be placed in a blocked court account, blocked bank account, or trust for the minor until a certain age;
Require appointment of a guardian of the estate or conservator if ongoing management of funds will be necessary under Nevada guardianship statutes;
Reject the settlement as not in the minor’s best interest and deny approval or request modifications.

8. Costs, fees and timing

The court may allow the GAL to seek compensation for reasonable fees and costs, often payable from the settlement proceeds if approved. Expect additional time for the GAL’s investigation and the court’s scheduling. Simple matters can resolve in a few weeks; complex cases may take months.

9. Statutory and court resources

Nevada law gives the district courts authority to protect minors and to appoint guardians or ad litem advocates. For matters involving guardianship and estate management for minors, see Nevada’s statutes on guardianship and conservatorship. The Nevada Judiciary provides self-help information and local court forms the parties will use when seeking appointment or approval. Helpful starting resources include:

10. Example of a common fact pattern (hypothetical)

Example: A child is injured in a car crash. The parents accept a settlement offer but the insurance carrier’s proposed lump-sum payment is large, and one parent is the at-fault party. The defendant asks the court to approve the settlement for the minor. The court appoints a GAL (usually an independent attorney) to investigate whether the lump-sum is fair and whether parental control over proceeds creates a conflict. The GAL interviews the child’s doctors, reviews bills, and recommends that the court approve the settlement but require the funds be placed in a blocked account until the child reaches a specified age. The court follows that recommendation and orders a blocked account with court oversight.

Important disclaimer: This content is educational only. It does not constitute legal advice and does not create an attorney–client relationship. For advice about a particular situation, contact a licensed Nevada attorney.

Helpful hints

Start early: If settlement talks begin, consider asking the court to appoint a GAL promptly to avoid delays later.
Bring documentation: Medical records, billing, settlement drafts, and any communications about fees or trusts help the GAL and the judge make an informed decision.
Expect a hearing: Courts generally require a hearing before approving a minor’s settlement. Plan for testimony or a GAL report.
Consider account options: Courts often require blocked accounts, structured settlements, or trusts for significant sums—be prepared to discuss how funds will be managed for the child’s benefit.
Budget for fees: The GAL and court-appointed fiduciaries may request payment from settlement funds. Ask for estimates so the family can plan.
Use court resources: Local district court websites and the Nevada Judiciary self-help pages offer forms and instructions for petitions and hearings.
Hire counsel experienced with minor settlements: An attorney familiar with Nevada practice can prepare filings, work with the GAL, and present the settlement approval package to the court.

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