Detailed Answer — Step‑by‑step under Alabama law

1. When a guardian ad litem is used

Courts commonly appoint a GAL when a lawsuit or settlement involves a minor (an infant) or someone under a legal disability and the court needs an independent representative to protect that person’s interests. Typical situations include personal injury claims, wrongful death claims on behalf of a minor, or any civil case where settlement or money distribution affects a minor’s legal rights.

2. Who asks the court to appoint the GAL

Any interested party can ask: a parent, the plaintiff’s attorney, defense counsel, an insurer, or the court on its own motion. Practically, the party bringing the claim (or that party’s lawyer) usually files the motion or petition requesting appointment so the case (and any proposed settlement) can move forward.

3. What is filed with the court

The requesting party typically files a motion or petition titled something like “Motion for Appointment of Guardian ad Litem” or “Petition to Appoint Guardian ad Litem for Minor.” The filing should explain:

• the minor’s identity and age (without disclosing private identifiers);
• the nature of the claim and why independent representation is needed; and
• the name and qualifications of a proposed GAL (often an attorney), or a request that the court appoint a neutral attorney/individual.

4. Notice and service

The court will require notice to the minor’s parent(s) or legal guardian, opposing parties, and sometimes to the minor if age-appropriate. The court must ensure that interested parties have an opportunity to be heard before appointing a GAL or before approving any settlement affecting the minor.

5. The hearing and appointment

The court typically holds a brief hearing to evaluate whether a GAL is necessary and whether the proposed GAL is suitable. At the hearing the court will consider whether the appointment serves the minor’s best interest. If satisfied, the judge issues an order appointing the GAL and outlining the scope of duties, compensation, and the duration of the appointment.

6. Who can serve as a GAL

Courts often appoint an attorney experienced in representing minors or an independent neutral person. The selection must be acceptable to the judge—some judges prefer attorneys who regularly handle minor‑settlement matters. The court may require the GAL to be independent and free from conflicts of interest.

7. Duties of the guardian ad litem

Typical GAL duties include:

• investigating the facts, claims, and damages;
• meeting or communicating with the minor (when appropriate) to determine their wishes and needs;
• reviewing medical records, bills, and liability evidence;
• reviewing proposed settlement terms and counseling the court on whether the settlement is in the minor’s best interest;
• filing reports or recommendations and participating in any hearing on settlement approval; and
• helping the court structure distribution and protection of settlement proceeds (e.g., recommending a conservatorship, blocked account, annuity, or other protective device).

8. Court approval of the settlement and treatment of funds

Even after a GAL is appointed and agrees to a settlement, Alabama courts typically must approve any compromise of a minor’s claim. The court reviews the settlement with an eye toward adequacy, reasonableness, and the minor’s long‑term interests. The court may:

• approve the settlement and order distribution to a guardian or conservator;
• require funds to be placed in a blocked/bonded account, trust, or annuity;
• order appointment of a conservator or guardian of the funds under the probate court; or
• require that attorney and GAL fees be approved by the court and paid from settlement proceeds.

9. Fees and bonding

The GAL’s fee and any attorney fees that come from the settlement must typically be approved by the court. The court may also require a bond for the person who will manage or receive the minor’s settlement funds, unless a statutory or court-recognized exception applies.

10. Final orders and ongoing supervision

After approving a settlement, a court order will specify how and when the money is paid and who will manage it. If funds remain under court supervision (for example, in a conservatorship or blocked account), the court may retain jurisdiction to approve future withdrawals or distributions for the minor’s benefit.

Key Alabama authorities and resources

Alabama procedural authority addressing representation of infants and persons under disability appears in the Alabama Rules of Civil Procedure. See, for example, Rule 17(c) regarding representation of infants and incompetents. You can read the Alabama Rules of Civil Procedure online at the Alabama Judicial Branch rules page: https://judicial.alabama.gov/rules/.

For statutory rules on guardians, conservators, and probate matters, consult the Code of Alabama on the Alabama Legislature’s website: https://www.legislature.state.al.us/. Specific probate and guardianship statutes (concerning conservatorship, guardianship of property, and court supervision) are useful when the court must protect settlement funds.

Practical timeline (typical, not guaranteed)

1. File motion/petition for GAL — 1–7 days (depending on urgency).
2. Service and notice to interested parties — varies by rule; typically weeks.
3. Hearing and appointment — shortly after notice period ends.
4. GAL investigation and report — several weeks to months depending on case complexity.
5. Court approval hearing for settlement — after GAL report and any account/conservatorship arrangements are ready.

Note: Timelines vary by county, judge, case facts, and court calendars.

Helpful Hints

• Ask an attorney experienced with Alabama minor‑settlement practice early — they can prepare the required motion and recommend a suitable GAL.
• Expect the court to protect the minor’s long‑term financial interests; immediate lump‑sum distributions are often disfavored.
• Be prepared to provide medical records, bills, and any documentation of loss to help the GAL evaluate the claim quickly.
• If parents disagree, the court will decide what serves the minor’s best interest; independent GAL input becomes especially important.
• Make a clear record of the proposed settlement terms and the recommended method for handling funds (blocked account, conservatorship, annuity, etc.).
• Understand that GAL and attorney fees require court approval and typically come from the settlement proceeds.
• If the settlement is large or the minor has special needs, consider long‑term planning (special needs trust, conservatorship, or structured settlement) and discuss options with counsel and the GAL.
• Remember local practice variations: different Alabama counties and judges have local forms and procedures for appointing GALs and approving minor settlements.