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Detailed Answer

When a minor (an individual under 18) is a party to a civil claim or is the recipient of a personal-injury or other settlement, Rhode Island courts require steps to make sure the settlement is in the minor’s best interest. One common protective step is appointing a guardian ad litem (GAL) to represent the minor’s interests during litigation and at any settlement hearing. The GAL is a neutral adult—often an attorney—whose job is to investigate the facts, advise the court about the minor’s best interests, and sometimes oppose or approve settlements on the minor’s behalf.

Key points about the appointment process under Rhode Island practice:

1. When the court will consider appointing a GAL.

   The court will consider a GAL when a party is an infant (minor) or otherwise lacks capacity to litigate. Where a settlement affects a minor’s legal rights or property (for example, a personal-injury recovery or a structured-settlement proposal), the court often requires either: (a) a guardian ad litem appointed for the litigation, or (b) a court hearing approving the compromise. Rhode Island trial courts follow the Rhode Island Rules of Civil Procedure, which address representation of infants and incompetent persons. See the Rhode Island court rules for civil procedure (Rule 17 and related provisions) at the Rhode Island Judiciary rules pages: https://www.courts.ri.gov/SupremeCourt/Pages/Rules.aspx

2. How a GAL is requested or appointed.

   A GAL can be appointed in two common ways:

   • By motion or petition filed with the court: A party (for example, the plaintiff’s counsel, a parent, or a defendant) files a motion asking the court to appoint a GAL for the minor. The motion explains why the appointment is needed and may propose a specific person to serve.
   • By the court on its own motion: If the judge believes the minor needs independent representation (for example, a parent’s interests conflict with the child’s), the judge may appoint a GAL without a party’s motion.

   The request normally identifies the proposed GAL, describes the proposed GAL’s qualifications, and explains any potential conflicts of interest.

3. Who can serve as a GAL.

   The court may appoint a parent, a relative, a neutral attorney, or another suitable adult. In many civil injury cases the court appoints an independent attorney as GAL so the child receives neutral legal advocacy. The court will avoid appointing someone with a conflict of interest (for example, a parent whose interests are opposed to the child’s). Where long-term management of settlement funds is needed, the court may require a conservator, trustee, or restricted bank account in addition to—or instead of—a GAL.

4. The appointment hearing and factors the court considers.

   If the court schedules a hearing, it will evaluate several factors, including:

   • Whether the minor’s interests differ from a parent or other party.
   • The proposed GAL’s qualifications, independence, and availability.
   • Whether the appointment is reasonably necessary to protect the minor’s legal and financial interests.

   The court issues a written order naming the GAL and outlining the GAL’s duties, scope of authority, and fee arrangement (if any).

5. GAL duties and role at settlement.

   The GAL must investigate the claim facts, counsel the court about whether a proposed settlement is fair and in the minor’s best interest, and appear at the court hearing where the settlement is presented for approval. The GAL may examine settlement documents, request medical or vocational information, interview treating providers, and recommend different settlement terms (for example, structured payments, restricted accounts, or a conservatorship) if those better protect the minor.

6. Court approval of the settlement and disposition of funds.

   Even with a GAL, the court typically must approve any compromise involving a minor. At the approval hearing the judge evaluates the GAL’s report and any other evidence, asks questions of counsel and the GAL, and may impose conditions—such as placing funds into a blocked bank account, naming a conservator, ordering a structured settlement, or directing the creation of a trust. The court then signs an order approving (or rejecting or modifying) the settlement and directing how funds will be distributed and managed.

7. Fees and accounting.

   Fees for the GAL and counsel representing the minor may require court approval. The court will review attorney-fee requests for reasonableness. Where the court orders a conservator or trustee, it may also require periodic accounting to the probate or trial court.

8. If the minor turns 18 while funds remain.

   If funds remain when the child reaches majority, the court or conservator will typically release the remaining money to the former minor (now adult) unless the court ordered otherwise (for example, a long-term trust). The court’s original order should describe how and when funds will be distributed at majority.

For general references to Rhode Island court procedure on representation of infants and incompetent persons, review the civil rules on the Rhode Island Judiciary website: https://www.courts.ri.gov/SupremeCourt/Pages/Rules.aspx. For information on guardianship and conservatorship processes that sometimes intersect with settlement supervision, see the Rhode Island statutes concerning guardianship and related probate matters at the Rhode Island General Assembly’s site for Title 33: https://rilegislature.gov/Statutes/TITLE33/INDEX.HTM

Helpful Hints

• Contact a Rhode Island civil attorney who has experience with minor settlements and guardians ad litem early—preferably before signing any settlement paperwork.
• Collect key documents: medical records, disclosures, demand letters, settlement drafts, and any prior court filings. The GAL will want these for review.
• If parents or guardians disagree, ask the court to appoint an independent GAL rather than relying on a parent to represent the child’s interest.
• Consider whether the settlement should use a structured settlement, blocked account, conservatorship, or trust to protect long-term funds—especially for large recoveries.
• Budget for GAL and court-approved attorney fees—ask the lawyer for an estimate and how fee approval will be handled in court.
• Expect a court hearing to approve the compromise. Plan to attend and bring documents the judge may ask for, including evidence supporting the amount of damages and the fairness of fees.
• Ask the GAL or counsel how the court will handle distribution at the minor’s majority (18th birthday) and whether additional steps will be needed when the minor turns 18.
• If you need to find a lawyer, start with the Rhode Island Bar Association’s lawyer referral service or the Rhode Island Judiciary resources for civil matters.

If you have a specific case, seek advice from a Rhode Island attorney who can review facts, file any necessary motions, and represent the minor’s interests in court.