Short overview: When a minor is a party or a beneficiary in a civil claim or settlement in Washington, the court often requires an independent guardian ad litem (GAL) or a court-appointed guardian to protect the minor’s interests before approving any settlement. The GAL is a neutral advocate whose job is to investigate the claim, evaluate the minor’s best interests, and recommend whether the settlement is fair and adequate. The court must review and approve any compromise of a minor’s claim.

When a guardian ad litem is needed

A GAL is commonly appointed when a minor is a plaintiff or a beneficiary in a tort or other civil claim and the case or settlement requires court approval. Situations that often trigger appointment include: a proposed lump‑sum settlement, a conflict between a parent’s wishes and the minor’s interests, or when the court believes the minor needs independent protection. Courts will also appoint a GAL when a named guardian or parent is a defendant in the same action or otherwise has a conflict.

Who can serve as a guardian ad litem

The court appoints a person it deems appropriate. That person may be an attorney (the most common choice), a trained non‑attorney guardian ad litem, a professional guardian, or rarely a relative if the court finds no conflict and the person is suitable. The appointee must be able to investigate impartially, understand the law and facts, and make recommendations in the minor’s best interests.

How the appointment process typically works in Washington

1. Filing a motion or request: A party (often a parent, plaintiff’s counsel, or the court itself) files a motion asking the superior court to appoint a GAL and to approve a settlement. Motions should identify the proposed GAL, describe the proposed settlement, and explain why a GAL is needed.
2. Notice to interested parties: The court requires notice to the minor (through counsel or next friend), the parents or legal guardians, and other interested persons. The court may set a hearing date for the appointment and for settlement approval.
3. Background check and qualifications: The court may request the proposed GAL’s qualifications, background, prior experience with minors’ settlements, and any potential conflicts of interest. If the GAL is an attorney, the court will consider that attorney’s competence to represent the minor’s interests impartially.
4. Hearing on appointment: At the hearing the court may ask questions, hear objections, and decide whether the proposed GAL is appropriate. If the court finds an independent protector is required, it will sign an order appointing the GAL.
5. Investigation and report: After appointment, the GAL investigates: reviews medical records, talks with treating providers, interviews the minor (if appropriate), interviews parents and counsel, reviews liability and damages issues, and evaluates the settlement’s adequacy. The GAL then files a written report or oral recommendation to the court describing findings and recommending whether the settlement is in the minor’s best interest.
6. Settlement approval hearing: The court reviews the GAL’s findings together with the proposed settlement terms. The court will accept, reject, or modify the settlement, or require specific protections for the minor (for example, placing funds in a blocked account, structured settlement or court‑supervised trust) before approving the compromise.
7. Accountings and follow‑up: If the court approves the settlement, it will enter an order directing how funds are to be handled. The GAL may be required to file a final accounting or report showing distribution and compliance with court orders.

Typical duties and authority of the GAL

• Act independently and impartially to protect the minor’s best interests.
• Investigate facts, review records, and consult experts when needed.
• Communicate with the minor in a manner appropriate to age and maturity.
• File reports and recommendations with the court and testify at hearings.
• Negotiate or review settlement terms to ensure fairness to the minor.
• Monitor distribution of settlement funds when the court orders restricted accounts or trust management.

Fees and payment

The court typically approves reasonable fees for the GAL. Fees may be paid from the settlement proceeds, subject to court approval. The GAL should present a fee petition or estimate and explain the fee basis; the court will review and authorize payment as appropriate.

How the court protects settlement funds for the minor

Common protections the court may order include:

• Blocked bank account or custodial account with withdrawal restrictions.
• Structured settlement annuity.
• Creation of a trust or appointment of a guardian of the estate under Washington probate statutes (Title 11 RCW) if ongoing management is needed.

Relevant Washington authority and resources

Washington’s probate and guardianship statutes and the Superior Court rules include the framework courts use when appointing guardians and regulating guardianship duties. For background reading see the Washington Statutes on probate and guardianship (Title 11 RCW): https://apps.leg.wa.gov/rcw/title11/. For court procedure and local practice, consult the Washington Court Rules and your local superior court rules: https://www.courts.wa.gov/court_rules/.

Note: Specific procedures and forms can vary by county and by superior court. Always check the local court’s website or clerk’s office for required forms and scheduling rules.

When to talk to an attorney

If you represent a parent, a claimant, or are the proposed GAL, consult a Washington civil attorney experienced with minors’ settlements and guardianship practice. A lawyer can prepare the motion, advise on appropriate protections for settlement funds (blocked accounts, structured settlement, trust), and represent the minor’s interests at the hearing.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Washington attorney.