Understanding the Role of a Guardian ad Litem in a Minor Injury Settlement in Alabama

Disclaimer: This article is for general information only and is not legal advice. Laws change and every case is different. Consult a licensed Alabama attorney or the court before making decisions.

Detailed Answer: What a guardian ad litem (GAL) does in an Alabama minor injury settlement

When a person under 19 in Alabama (a minor) has been injured and a legal claim or lawsuit exists on the minor’s behalf, the court usually must protect the minor’s legal and financial interests before any settlement or release is finalized. A guardian ad litem (GAL) is a person the court appoints to represent and protect the minor’s best interests during litigation or when approving a settlement.

Typical GAL duties in an Alabama minor injury settlement include:

• Investigating the claim facts, medical needs, and likely future costs or losses so the court can determine whether a proposed settlement fairly compensates the minor.
• Communicating directly with the minor when appropriate (depending on age and maturity) and with the minor’s parents or custodians.
• Reviewing medical records, bills, life-care plans, and expert opinions to estimate past and future damages (medical expenses, pain and suffering, lost earning capacity, etc.).
• Negotiating or advising the court about whether settlement terms (including lump sums, structured payments, or trusts) are suitable for the minor.
• Objecting to settlements that appear inadequate or that pose conflicts of interest.
• Attending the court hearing where the judge reviews and approves or rejects the settlement and making a recommendation to the judge about approval.

Which court handles approval and GAL appointment? In Alabama, courts supervise the settlement of claims for minors to ensure protection of the minor’s interests. That supervision typically occurs in the civil court where the case is filed or, sometimes, in the probate court depending on local practice and the specific circumstances. The judge has broad discretion to require appointment of a GAL and to approve or deny proposed settlements. For information about court rules and procedures that affect representation and party capacity in Alabama civil cases, see the Alabama Judicial System rules: https://judicial.alabama.gov/rules/. The Alabama Legislature site provides access to the state code and statutes: https://alisondb.legislature.state.al.us/.

Can a parent serve as the GAL for their own child in Alabama?

Short answer: Sometimes, but often not in practice. The court will consider whether a parent can adequately and impartially protect the minor’s best interests. Factors the court considers include whether the parent has an actual or potential conflict of interest, the size and complexity of the settlement, the child’s age and maturity, and whether independent review is necessary to protect the child’s long-term interests.

Common situations:

• If the parent is simply acting as the minor’s next friend to file a lawsuit and there is no conflict between the parent’s interests and the child’s interests, a court may allow the parent to proceed in that role. But acting as a “next friend” in initiating litigation is different from serving as a court-appointed guardian ad litem whose duty is to give an independent recommendation to the judge.
• If the parent has a conflicting interest (for example, the parent seeks reimbursement of medical expenses from settlement funds, has their own related claim, or the settlement would alter a parent’s legal responsibilities), a judge often will appoint an independent GAL—usually an attorney—to avoid conflicts and ensure independent review.
• For very large, complex, or structured settlements (for example, lifetime annuities, trusts, or high-value claims), courts commonly require an independent, licensed attorney GAL or an impartial guardian who brings financial and legal expertise.

In short, while a parent can sometimes act as the minor’s representative, courts frequently prefer or require an independent GAL when approving settlements to ensure the minor’s interests receive objective protection.

How a GAL is chosen and paid

• Appointment: A judge appoints the GAL after a party or the court requests appointment. The appointment will be reflected in a court order that defines the GAL’s duties and limits.
• Who can serve: Courts may appoint an attorney, another professional with appropriate experience, or (rarely) a parent or guardian when appropriate.
• Payment: GALs often charge fees. The court decides whether GAL fees come from the settlement proceeds, paid by a party, or otherwise allocated. Especially in high-value cases, GAL fees are commonly compensated from the settlement. The court must approve any fee arrangement to ensure it does not unfairly reduce funds available to the minor.

What to expect at a settlement-approval hearing in Alabama

• Filing: Counsel files a petition or motion asking the court to approve a minor’s settlement. The filing typically includes documentation of the injury, medical expenses, projected future needs, and the proposed distribution of proceeds.
• Appointment: If the court thinks independent review is necessary, the judge appoints a GAL and may give a short deadline for the GAL’s report or recommendation.
• Hearing: At the hearing, the judge will question counsel, the GAL, and possibly the parents or the minor (depending on age) to evaluate whether the settlement is fair and in the minor’s best interest.
• Order: If the judge approves the settlement, the court issues an order authorizing disbursement of funds (often into a trust, conservatorship, or to a guardian) and approving payment of attorney and GAL fees as appropriate.

When you should ask for a GAL or expect one to be appointed

Consider asking the court to appoint a GAL (or expect the court to appoint one) when:

• The settlement amount is substantial or will be paid over time (structured settlement, annuity, or trust needed).
• The parent or next friend has a competing interest (e.g., seeking reimbursement from settlement funds).
• The minor’s future medical needs, care, or special education needs are complex and require independent assessment.
• There are allegations of parental neglect, abuse, or incapacity.

Practical steps if you are involved in a minor’s injury claim in Alabama

1. Talk with a reputable Alabama civil or personal-injury attorney experienced with minor settlements. They can explain local practice, whether the court will likely appoint a GAL, and how to present the settlement for approval.
2. Prepare documentation: medical records, bills, prognosis, expert reports, a life-care plan if needed, and an explanation of why the proposed distribution serves the minor.
3. If you think a parent should not serve as GAL, bring evidence of conflict or risk to the court’s attention early.
4. Be prepared for the possibility of a court-ordered independent GAL and for that GAL to request time to review records and prepare a recommendation.

Helpful Links

• Alabama Judicial System — Rules: https://judicial.alabama.gov/rules/
• Alabama Legislature — State statutes and searchable code: https://alisondb.legislature.state.al.us/

Helpful Hints

• Always get counsel: An attorney experienced with minor-compromise hearings can improve the chance the court will approve the settlement and can advise whether an independent GAL is needed.
• Be transparent: Full disclosure of medical issues, expected future costs, and any competing interests helps the court and GAL evaluate fairness quickly.
• Expect timing: Court approval adds time. Factor GAL review and a court hearing into settlement timelines.
• Know the cost: GAL and attorney fees often come from settlement funds—plan for that deduction to avoid surprises.
• Consider structured solutions: For long-term needs, courts often prefer structured settlements, annuities, or trusts that protect the minor’s future income stream.
• Document conflicts: If you believe a parent should not serve as GAL, document why (financial conflict, differing interests) and raise it early with the court or counsel.

If you want next steps for a specific situation in Alabama—such as sample court forms, how to petition for a guardian ad litem, or how fee awards are handled—consult a licensed Alabama attorney or contact the clerk of the court where the case is (or will be) filed. The court clerk can explain local filing procedures and hearing schedules.