How a Guardian ad Litem Is Appointed for a Minor’s Settlement in South Carolina

Short answer: When a minor’s claim or settlement requires court approval in South Carolina, a judge may appoint a guardian ad litem (GAL) to protect the minor’s interests. The process generally involves filing a petition, notifying interested parties, a court hearing, and issuance of an order approving the guardian and the settlement. The guardian ad litem evaluates the proposed settlement, recommends whether it is fair and reasonable, and the court decides whether to approve the compromise.

Detailed answer

What is a guardian ad litem? A guardian ad litem is an individual appointed by the court to represent the best interests of a minor (a child under 18) in a legal matter. The GAL does not necessarily represent the minor’s legal position in the same way an attorney client does; instead, the GAL’s duty is to investigate the facts, advise the court about the minor’s best interests, and, in settlement matters, to recommend whether the proposed settlement is fair and adequate.

When is a guardian ad litem needed in South Carolina? A GAL is commonly appointed when a minor is a party to civil litigation or when a personal injury, wrongful death, or other claim for a minor is being settled and the court requires independent protection for the child. Courts act to protect minors because they cannot legally bind themselves to settlements without approval or representation suitable to protecting their rights.

Step-by-step process

1. Filing a petition or motion: The plaintiff’s attorney, a parent, or another interested party files a motion or petition with the appropriate court (circuit court or family court depending on the case) asking the court to appoint a GAL and to approve a proposed settlement. The filing typically describes the claim, sets out the proposed terms of settlement, and requests appointment of a GAL if one is not already in place.
2. Notice to interested parties: The court requires notice to the minor’s parents or legal guardians, the opposing parties, and any persons who have a legal interest in the matter. The court may require special notice procedures to ensure the minor’s rights are protected. Parents cannot waive the court’s authority to protect the minor in many situations.
3. Nomination or selection of the GAL: The parties may jointly propose a GAL (often an attorney experienced in representing minors) or the court may appoint someone it selects. Courts typically prefer an attorney with experience; in some cases, a qualified individual or agency may serve. The nominee must be suitable and have no conflict with the parties’ interests.
4. Background, qualifications, and bond: The court may require information about the nominee’s qualifications and may require a background check. South Carolina courts sometimes require the guardian to post a bond or comply with other conditions to protect the minor’s funds, depending on the amount at issue and local practice.
5. Independent investigation and report: The GAL will investigate the case facts, medical or other records, and the reasonableness of the settlement. The GAL often files a written report or appears at the hearing to recommend approval, rejection, or modification of the settlement and to advise the court about the minor’s best interests.
6. Court hearing and appointment order: The court holds a hearing in which the GAL, parties, and counsel may present evidence and argument. After considering the GAL’s report and the settlement terms, the judge decides whether to appoint the GAL (if not already appointed) and whether to approve the settlement. The court issues a written order appointing the GAL and approving, modifying, or denying the settlement.
7. Handling of proceeds: If the court approves the settlement, the order will direct how settlement funds are to be handled. Options include placing funds in a blocked bank account, establishing a custodial account under the South Carolina Uniform Transfers to Minors Act (or similar custodial arrangements), creating a conservatorship, or otherwise directing how the money is disbursed and managed for the minor’s benefit. The court’s order will control when and how funds are disbursed.
8. Ongoing supervision and accounting: For larger settlements, the court may require periodic accounting by the GAL, guardian, or conservator, or require further court approval before funds are spent for certain purposes (education, medical care, etc.).

Who can serve as guardian ad litem? Judges most often appoint a lawyer familiar with minor-compromise procedures, but they may appoint another qualified adult or agency if appropriate. The court will avoid appointing someone with a potential conflict of interest. If a parent is proposed as GAL, the court will scrutinize that choice closely because the parent also has their own interests.

Will the minor have a separate attorney? Sometimes the minor has both a guardian ad litem and independent counsel. The GAL’s role is to protect the child’s best interests; a separate attorney can represent the minor’s legal rights if the court or circumstances call for it.

Costs and fees The GAL or the GAL’s attorney may seek payment for time and costs. The court usually decides whether and how fees will be paid—commonly from the settlement proceeds—and evaluates whether the fees are reasonable before authorizing payment.

Where to find the controlling rules and statutes

Procedures may vary by county and by the court (circuit vs. family court). For South Carolina’s statutes and the statewide code, consult the South Carolina Code of Laws (searchable): https://www.scstatehouse.gov/code.php. For court rules and local procedures, see the South Carolina Judicial Department: https://www.sccourts.org/.

Note: Local practice and judges’ preferences matter. Many counties publish specific local forms and instructions for minor settlement approvals and GAL appointments on their clerk-of-court or judicial circuit websites.

Common hypothetical example

Example: A 10-year-old is hurt in a car crash. Parents reach a $100,000 settlement with the insurer. Because the settlement affects a minor, the defense counsel asks the court to approve the settlement and to appoint a GAL. The parties jointly nominate an attorney experienced in minor-compromise matters. The court reviews the nomination, requires the GAL to investigate, holds a hearing, and approves the GAL’s appointment. The GAL reviews medical bills and future needs, recommends approving the settlement but requests that $60,000 be placed in a blocked custodial account for education and medical needs. The court issues an order approving the settlement and directing how the funds are to be managed.

Disclaimer

This article explains general information about GAL appointments in South Carolina. It is educational only and not legal advice. For help in a specific case, contact a licensed South Carolina attorney who handles minor-compromise matters.

Helpful Hints

• Start early: Begin the GAL appointment and approval process well before any deadline for settlement to avoid court delays.
• Use counsel experienced with minors’ settlements: Attorneys familiar with local practice can shorten the process and reduce the chance of rejected paperwork.
• Prepare clear documentation: Medical records, billing, prognoses, and a written settlement breakdown help the GAL and the court evaluate fairness.
• Agree on a proposed GAL if possible: A joint nomination often speeds appointment, but it must be acceptable to the court.
• Understand fund-handling options: Be ready to propose practical options for managing proceeds (blocked account, custodial account, conservatorship) that reflect the settlement size and the minor’s needs.
• Expect a hearing: Bring the GAL’s report, the settlement agreement, and any proposed orders to the hearing for the judge’s review.
• Ask about fees up front: Discuss how the GAL and attorneys will be paid and request the court to approve reasonable fees from the settlement if necessary.
• Check local forms: Many South Carolina counties provide local forms and filing checklists for minor settlement approval—use them to avoid technical rejection.