Short answer — What a guardian ad litem (GAL) does and whether you can serve

A guardian ad litem (GAL) is a person the court appoints to protect a minor’s interests in litigation or in a proposed settlement. In an Alaska personal-injury settlement involving a child, the GAL investigates the facts, evaluates whether any proposed settlement is fair and in the child’s best interests, and reports or makes recommendations to the court. The court may appoint a parent, a relative, an attorney, or another responsible adult as GAL, but it will not appoint someone with a conflict or whose appointment would harm the child’s interests. If you are the child’s parent or another adult with no conflict of interest, you may be able to serve, but the court may instead require an independent attorney or professional GAL if it considers that necessary.

Detailed answer — How guardian ad litem appointment and review typically work in Alaska

1. Why the court uses a GAL in minor injury settlements

Court-supervised approval exists to protect minors from unfair or improvident settlements. A GAL’s job is to make sure the settlement is reasonable for the child and that funds will be properly used or held for the child’s benefit. The court relies on the GAL’s investigation and recommendations when deciding whether to approve the compromise of a minor’s claim.

2. What a GAL does — typical responsibilities

• Collects and reviews medical records, billing statements, and insurance coverage information.
• Meets with the child and the child’s family (as appropriate) to understand the injury, care needs, and the family’s position on settlement.
• Evaluates whether the proposed settlement amount reasonably compensates the child for past and future medical expenses, pain and suffering, and other losses.
• Checks for conflicts of interest (for example, whether the person proposing to sign for the child would personally benefit beyond reasonable costs).
• Files a written report or makes an oral recommendation to the court, and may recommend protections for settlement proceeds (e.g., a blocked account, conservatorship, or trust) if the award could be misused.
• May participate in or review proposed settlement documents and, if necessary, recommend that the court reject or modify the proposal to protect the child.

3. Who can serve as GAL in Alaska?

The court has discretion to appoint a GAL it believes will reliably protect the child’s interests. Common appointees include:

• The child’s parent or guardian (when there is no conflict between the parent’s interests and the child’s).
• A close relative or responsible adult with relevant knowledge and no conflict.
• An attorney appointed by the court to represent the child’s interests directly.
• A professional GAL or court-appointed investigator where the court believes neutrality or special expertise is needed.

If you are a parent with no adverse interest and the proposed settlement is straightforward, Alaska courts often accept a parent’s involvement and may appoint the parent as GAL. If the parent is one of the claimants, is accused of contributing to the injury, seeks to use proceeds for non-child purposes, or where the settlement is large or complex, the court commonly appoints an independent attorney or neutral guardian ad litem instead.

4. Typical court process in Alaska for approving a minor’s settlement

1. Parties file a petition or motion asking the court to approve the settlement and to appoint or confirm a GAL.
2. The court reviews the GAL’s report or hears the GAL’s recommendation at a hearing.
3. The court evaluates whether the settlement is fair and in the child’s best interest, including attorney fees and proposed use of proceeds.
4. If approved, the court enters an order adopting any protections it finds appropriate (e.g., placing funds in a blocked account, requiring a conservatorship, or authorizing the parent to manage funds under supervision).

Procedures and documents vary by county and case. The Alaska court rules give courts authority to appoint guardians ad litem in litigation; courts also rely on statutory guardianship provisions when long-term control of funds or property is necessary. For information on Alaska court rules, see the Alaska Court System rules page: https://www.courts.alaska.gov/rules/index.htm. For Alaska statutes and general statutory text, see the Alaska Legislature’s website at https://www.akleg.gov/.

5. When the court will require an independent attorney GAL or conservator

The court will look more closely and often require an independent appointment if:

• The settlement amount is large relative to the child’s needs.
• There are allegations that a parent or guardian contributed to the injury or stands to gain improperly from settlement proceeds.
• The family situation is contested or there is concern over how funds will be used.
• Future medical needs are uncertain or expensive and the court wants an expert recommendation on protecting funds for long-term care.

6. Practical outcomes: How settlement funds are protected

Possible protective orders the court can require include:

• Placing funds in a blocked bank account requiring court authorization for withdrawals.
• Appointing a conservator or guardian of the estate to manage the money under court supervision.
• Creating a trust for the child with a trustee who follows the court-approved terms.

How to ask the court to appoint you (or to request a GAL) in Alaska

1. File a petition or motion in the court where the lawsuit is pending or where you will ask the court to approve the settlement. Include the proposed settlement, background facts, and the reason you believe your appointment is in the child’s best interest.
2. Attach relevant documents: medical records, settlement agreement, proposed distribution of proceeds, and an affidavit describing any relationship to the child and potential conflicts.
3. Be prepared to provide the court with a written report or to testify at a hearing about why the settlement is fair and how funds will be protected.
4. If the court has concerns, be ready to accept an independent GAL appointment or to work with an appointed conservator or trustee.

Local court clerks can often provide the basic filing forms and instructions. For court rule references and procedural guidance, consult the Alaska Court System rules page: https://www.courts.alaska.gov/rules/index.htm.

Helpful hints

• If you are the child’s parent and seek appointment, disclose any possible conflicts up front. Full disclosure reduces the risk the court will reject your appointment.
• Collect complete medical records, bills, and a good estimate of future care needs. Courts evaluate settlements against documented needs.
• Expect the court to scrutinize attorney fees in minor settlements. Fee agreements must be reasonable and may require court approval.
• Be prepared to suggest or accept protections for money intended for the child (blocked account, conservatorship, trust) — the court will usually require them when sums are substantial.
• Consider hiring an attorney experienced in minor-compromise practice. Even if you serve as GAL, an attorney can draft the petition and draft the order protecting funds.
• Ask the court clerk what forms your courthouse uses for minor-compromise petitions and GAL appointments; local practice can vary.

Where to find Alaska law and court guidance

Alaska Court System — Rules and local procedures: https://www.courts.alaska.gov/rules/index.htm

Alaska Legislature — statutes and legislative materials: https://www.akleg.gov/