Detailed answer: Step-by-step overview of the appointment process

When a minor is involved in a civil claim (for example, a personal injury, insurance claim, or other money recovery), Wisconsin courts commonly require extra protections to make sure the settlement is fair to the child. One of those protections is appointing a guardian ad litem (GAL). A GAL is a person — usually an attorney — the court appoints to look after the minor’s legal interests during the settlement process.

Who can ask for a GAL?

Any party to the case (plaintiff, defendant, parent, insurer) or the court itself may ask for appointment of a GAL. Courts will often order a GAL where there is any risk that the child’s interests could conflict with a parent or guardian, where the settlement is complicated, or when the settlement requires court approval.

Filing a petition or motion

The party requesting the GAL files a motion or petition with the circuit court handling the case. The filing typically states why a GAL is needed, summarizes the claim and proposed settlement, and requests the court to appoint a named person (or to appoint a GAL from a court list). The court will give notice of the motion to all interested parties, including the child’s parents or legal guardians.

Court considers potential conflicts and best interests

The judge reviews the motion and decides whether appointment is appropriate. The court focuses on the child’s best interests and will consider factors such as:

• Any conflict between the minor and the parent or guardian (for example, if the guardian stands to receive proceeds or has an adverse interest)
• The complexity or size of the settlement
• The minor’s age and ability to understand the settlement
• Whether independent investigation or advocacy is needed to protect the minor’s rights

Appointment order

If the court finds a GAL is needed, it issues a written order naming the GAL and describing the GAL’s duties. The order may set a deadline for the GAL’s report, require the GAL to meet with the minor and review medical and financial records, and set a date for any settlement hearing. The order also addresses how the GAL will be paid (see the compensation section below).

GAL investigation and report

After appointment, the GAL typically:

• Meets with the minor in private (when appropriate), parents/guardians, and counsel
• Reviews medical records, school records, insurance policies, and settlement papers
• Investigates facts relevant to whether the settlement is fair and in the child’s best interest
• Files a written report or recommendation with the court and may make oral argument at the settlement hearing

Settlement hearing and court approval

Many courts require a hearing before approving a minor’s settlement. At that hearing the judge reviews the GAL’s report, hears from counsel and parents, and evaluates whether the proposed settlement fairly and adequately protects the minor’s current and future needs. If the judge approves the settlement, the court signs an order authorizing payment and specifying how funds must be handled (for example, a blocked bank account, court-supervised guardian of the estate, or structured settlement).

When a guardian of the estate may be required

For significant settlements or when funds will be managed for a long time, the court may require appointment of a guardian of the estate (a fiduciary with statutory powers to manage money for the minor). The guardian of the estate is a more formal, ongoing role than a GAL and is governed by Wisconsin’s guardianship rules and court oversight.

Payment to the GAL and fee approval

GALs (if attorneys) are typically entitled to reasonable compensation. The GAL or counsel will file a fee statement and the court must approve payments from settlement proceeds. The court balances the need to fairly compensate the GAL with protecting the minor’s recovery.

Practical timeline

The whole process — from filing a motion to final court approval — can take anywhere from a few weeks to several months depending on the court’s schedule, complexity of the claim, and whether additional investigation or discovery is required.

Where to read more about Wisconsin court procedures

For general statutes and court rules, start at the Wisconsin Legislature’s statutes page: https://docs.legis.wisconsin.gov/statutes/. For court procedures and services related to guardians and court-appointed advocates, see the Wisconsin Court System homepage: https://www.wicourts.gov/.

Important: This article explains the common process in Wisconsin courts, but local practices and judge preferences differ. If you are involved in a specific case, consult an attorney licensed in Wisconsin or contact the clerk of the circuit court handling the case for local procedures.

Helpful Hints — What to expect and how to prepare

• Prepare basic documents early: medical records, insurance policies, and any settlement offers. The GAL will need these to evaluate the settlement.
• Expect the court to require clear accounting of how settlement funds will be protected for the child’s future needs (blocked account, structured settlement, or guardian of the estate).
• If a parent stands to receive or control funds, be ready to explain and document how the child’s interests are being protected.
• Remember the GAL represents the child’s interests to the court — not the parent’s. Parents should cooperate but understand the GAL’s loyalty is to the minor’s best interest.
• Ask about estimated GAL fees and how those fees will be approved and paid from settlement proceeds.
• If time is critical (for example, to meet a statute of limitations), notify the court and parties so the GAL appointment and hearing can be scheduled promptly.
• Consider whether a structured settlement (annuity payments) or a court-supervised account better protects long-term needs, especially for large recoveries.
• Keep detailed records of all filings, orders, and the GAL’s report — they may be needed for future court supervision or accounting.

Disclaimer

This information is educational only. It explains typical Wisconsin procedures but is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, contact a lawyer licensed in Wisconsin.