Understanding the Guardian ad Litem Appointment Process for a Minor’s Settlement

What this is and why it matters: A guardian ad litem (GAL) is a person the court appoints to protect a minor’s legal interests in litigation or when the minor’s claim is being settled. The GAL’s job is to investigate the case, advise the court whether the proposed settlement is fair and in the child’s best interest, and help the court decide how settlement funds should be handled. This article explains the usual Arizona process step-by-step and what to expect.

Detailed Answer — Step-by-step process under Arizona practice

1. When a guardian ad litem is needed

When a minor is a party to a lawsuit or a claim that will be compromised (for example, a personal injury settlement, wrongful death claim involving a minor beneficiary, or contract dispute where the party is under 18), the court commonly requires appointment of a guardian ad litem to represent the minor’s interests. Arizona follows the civil procedure rules that recognize the need for representation of infants and incompetents; see Arizona Rules of Civil Procedure for Rule 17 (Infants or Incompetents) for procedural guidance: https://www.azcourts.gov/rules/Rules-of-Civil-Procedure.

2. Who asks the court to appoint the GAL and where the petition is filed

Either a party’s attorney, a parent, the opposing party, or the court itself can ask the court to appoint a GAL. If the claim is part of pending civil litigation, the petition or motion is filed in that civil case in the superior court for the county where the case is pending. If there is no pending civil case (for example, settling an insurance claim), a petitioner may file a petition in superior court asking the court to approve the compromise of the minor’s claim and to appoint a GAL to represent the minor during that process.

3. Court review and appointment

After a petition or motion is filed, the judge will consider whether a GAL appointment is necessary. If the court decides to appoint one, it signs an order naming the GAL and setting the scope of the GAL’s duties and any timelines. The GAL is typically an attorney, but the court may appoint another qualified person in appropriate circumstances. Guardianship and conservatorship matters and the duties and powers of court-appointed guardians are addressed in Arizona’s guardianship statutes; see Arizona Revised Statutes, Title 14 (Conservatorship and Guardianship): https://www.azleg.gov/arsDetail/?title=14.

4. Investigation and report by the GAL

Once appointed, the GAL will investigate the facts: review medical records, settlement offers, insurance policies, and pleadings; interview the minor (when appropriate), parents or custodians, treating providers, and attorneys; and assess whether the settlement serves the minor’s best interest financially, medically, and otherwise. The GAL then files a written report or recommendation with the court and may file objections or proposed modifications if the GAL believes the settlement is inadequate.

5. Court hearing to approve the settlement

The court will schedule a hearing to consider the petition to compromise the minor’s claim and the GAL’s recommendation. At the hearing, the judge evaluates whether the settlement is fair, reasonable, and in the minor’s best interest. The judge may question the GAL, counsel, and, depending on the child’s age and the circumstances, the child. The court may approve the settlement as-is, require changes, or deny approval.

6. Orders about disbursement and protection of proceeds

If the court approves the settlement, it issues an order directing how settlement proceeds must be handled. Common protections include:

Directing payment into a blocked/bank account under court supervision (often requiring court permission to withdraw funds).
Ordering a structured settlement (periodic payments) to protect long-term needs.
Appointing a conservator of the minor’s estate under Title 14 if the proceeds or future management require long-term oversight.

The court’s order will also address attorney fees and costs and may require the attorney to provide an accounting to the court.

7. Fees, bonds, and timelines

GAL fees, attorney fees, and court costs must usually be approved by the court and are often paid from settlement proceeds. In some cases, the court may require a bond from a guardian or conservator who will manage the funds. The entire process can take a few weeks to several months depending on scheduling, complexity, and whether the court requests additional information.

How Arizona law governs guardians and conservators (useful links)

General statutory framework for guardianship and conservatorship in Arizona is in Title 14 of the Arizona Revised Statutes (A.R.S.). For practical procedures in pending civil litigation, see the Arizona Rules of Civil Procedure (Rule 17). Relevant resources:

Arizona Revised Statutes, Title 14 — Conservatorship and Guardianship: https://www.azleg.gov/arsDetail/?title=14
Arizona Rules of Civil Procedure (including Rule 17, concerning infants and incompetents): https://www.azcourts.gov/rules/Rules-of-Civil-Procedure

Helpful Hints

Start early: Filing for court approval and appointment of a GAL can add weeks to settlement timing. Allow time for investigation and a hearing.
Gather documents: Bring medical records, settlement offers, insurance policies, billing statements, correspondence, and the minor’s birth certificate to meetings with counsel or the GAL.
Expect scrutiny of fees: The court closely reviews attorney fees and GAL fees to ensure the minor gets a fair portion of the recovery.
Consider long-term protection: If proceeds are substantial, discuss structured settlements, blocked accounts, or conservatorship with counsel and the GAL to protect benefits (e.g., Medicaid/ALTCS) and long-term needs.
Ask about the GAL’s role: The GAL represents the minor’s legal interests to the court, not the parents. Parents may remain decision-makers for everyday care, but the GAL’s job is to advocate for the minor’s legal and financial interests in the settlement.
Fees and bond questions: Ask whether the court will require a bond for a conservator or impose reporting/accounting requirements if funds are placed under court supervision.
Work with experienced counsel: Attorneys who handle minor settlements regularly will be familiar with local judges’ procedures, the court’s evidentiary expectations, and typical protective measures for settlement funds.

Final note and disclaimer: This article explains how Arizona courts typically handle appointment of a guardian ad litem in a minor’s settlement and points to relevant Arizona rules and statutes for further reading. This is educational information only and is not legal advice. For guidance tailored to your situation, consult a licensed Arizona attorney who handles minor settlements or guardianship matters.