Detailed answer — role, appointment, and whether you can serve

What a guardian ad litem (GAL) is and why courts use one

A guardian ad litem is a person appointed by the court to represent the legal interests of a child (a minor) in litigation or when the court is asked to approve a settlement of a minor’s claim. In Arizona, the court’s primary goal is to ensure that any settlement is fair, reasonable, and in the child’s best interest. The GAL evaluates the claim, reviews settlement terms, advises the court, and may advocate for changes to protect the minor.

Legal framework in Arizona

Matters involving appointment of guardians and court protection of minors are governed by Arizona law concerning guardianship and by court rules that control civil litigation and representation of parties who lack capacity. For general statutory background about guardianship powers and procedures, see Arizona Revised Statutes, Title 14 (Guardianship and Conservatorship): https://www.azleg.gov/arsDetail/?title=14. Arizona’s civil procedure rules that address capacity and representation also guide how courts handle parties who are minors; see the Arizona Rules of Civil Procedure: https://www.azcourts.gov/rules/Rules-of-Civil-Procedure.

Typical duties of a guardian ad litem in a minor’s injury case

• Investigate the facts and the strength of the minor’s claim.
• Review settlement offers and financial terms (including liens, attorneys’ fees, medical bills, and proposed distribution of proceeds).
• Consider the minor’s future needs and whether lump-sum or structured payments are appropriate.
• Make a recommendation to the court whether to approve, reject, or modify the settlement.
• Appear at the hearing the court sets to review the proposed settlement.

Does the court always appoint a guardian ad litem?

Not always. If a minor’s legal interests are potentially at risk because of conflict with a parent or other party, or if required by local court practice, the judge will appoint a GAL or require further court supervision. Even when parents are seeking approval of a settlement, courts often want an independent review to ensure the settlement is in the child’s best interest.

Can a parent or relative serve as the guardian ad litem?

Possibly, but the court will evaluate any potential conflict of interest. A parent or close relative may have a financial or emotional conflict that could make them unsuitable to act as GAL for the child. Courts often prefer an independent attorney or neutral individual with legal or advocacy experience when the case involves a separate recovery (insurance or third-party defendants) to ensure unbiased protection of the minor’s rights. If a parent seeks to serve as GAL, expect the judge to review that person’s ability to represent the child’s independent interests. If the court finds a conflict or insufficient independence, it will appoint someone else.

Can you personally serve as guardian ad litem?

You can ask the court to appoint you, but appointment is not automatic. The judge will consider whether you have any conflict of interest, whether you can provide an independent evaluation, and whether you have the qualifications (in many cases the court prefers or requires a lawyer who can advocate effectively). If you are an attorney, you may be more likely to be appointed—if you are not an attorney, the court may still appoint you in some circumstances, but will carefully scrutinize your relationship to the minor and your ability to act impartially.

What happens after the court approves a settlement?

If the court approves the minor’s settlement, it typically orders how the recovery will be handled: payment to a guardian or into a blocked account, payment of attorney fees and medical liens, and possibly the appointment of a conservator if long-term management of funds is needed. The court supervises distribution until the minor reaches majority or a conservatorship is established. The GAL’s job usually ends after the court approves the settlement and the court’s orders are entered, unless the GAL is asked to continue monitoring the disbursement.

How to request appointment and the court process

1. File a written request or motion with the court asking for appointment of a guardian ad litem or asking the court to approve a proposed guardian. Include the reasons a GAL is needed and information about the proposed GAL.
2. The court will consider whether a GAL is necessary and whether the proposed person is appropriate. The judge may hold a short hearing.
3. If appointed, the GAL typically files a report or recommendation about the settlement and appears at the settlement-approval hearing.
4. If the settlement is approved, the court signs an order describing how funds are to be paid and controlled (e.g., blocked account, guardian’s control, or conservatorship).

Local rules and court practice vary by county. Courts may require specific forms or a specific report form from the GAL. Contact the clerk of the court where the case is filed or consult local rules for county-specific procedures.

Compensation, fees, and handling settlement funds

When a GAL is an attorney, compensation is often paid from the settlement and approved by the court. When a non‑attorney serves, the court may also authorize reasonable compensation or require the GAL serve without pay. The court will also decide how medical liens and attorney’s fees are deducted and whether the remainder should be placed in a blocked account or under a guardian/conservator’s control.

Helpful hints

• Start early. Ask the judge to appoint a GAL or raise the issue when settlement talks begin so the court review does not delay distribution.
• Expect the court to require evidence that the settlement is fair: medical records, evaluation of future needs, lien documentation, and an itemized breakdown of fees and costs.
• If you’re related to the child and want to serve as GAL, disclose your relationship and any financial interest up front. The court will decide whether you are appropriate.
• If you are not an attorney but are appointed, know that courts may limit what non‑attorney GALs can do—particularly in advocating legal positions—so hiring an attorney for legal issues remains important.
• Ask whether the court expects a blocked account, a conservatorship, or other long-term protections for the child’s funds, and what reporting to the court will be required.
• Consult counsel experienced in Arizona minor-settlement practice. A knowledgeable lawyer can explain the local judge’s expectations and help draft the necessary petition and supporting documents.

Where to learn more

Statutory background on guardianship and conservatorship: Arizona Revised Statutes, Title 14 — Guardianship and Conservatorship: https://www.azleg.gov/arsDetail/?title=14.

Arizona Rules of Civil Procedure (procedural rules that guide representation and court practice): https://www.azcourts.gov/rules/Rules-of-Civil-Procedure.

Local county court websites and clerks can provide county-specific forms and filing instructions for minor settlements and petitions for appointment.