Detailed answer — what the court does and why

A guardian ad litem (GAL) is a person the court appoints to protect a minor party’s legal interests in a pending lawsuit or in a proposed settlement. In California, when a minor is a party to litigation or when an adult proposes to compromise a minor’s claim, the court may appoint a GAL to represent the minor’s best interests and to review or accept the settlement on the minor’s behalf. The statutory basis for court authority to appoint a guardian ad litem in civil actions is found in California Code of Civil Procedure section 372. See: Cal. Code Civ. Proc. § 372.

When a GAL is commonly used

• If a minor is a plaintiff or defendant and the court believes the minor’s interests need independent protection.
• When a proposed settlement involves a minor and the court must approve the compromise as being in the minor’s best interest.
• If parents, guardians, or insurers have potential conflicts with the minor’s interests.

Typical appointment process (step‑by‑step)

1. Filing a petition or motion: The party seeking appointment (often a plaintiff’s attorney or parent) files a petition or noticed motion with the trial court asking the judge to appoint a guardian ad litem for the minor. The filing explains why appointment is needed and identifies the proposed GAL candidate.
2. Notice to interested parties: The court requires notice of the petition/motion to the minor’s parents or custodians, other parties, and sometimes to the minor if age-appropriate. This gives everyone the opportunity to object or propose an alternative GAL.
3. Qualifications and suitability review: The judge evaluates whether the proposed GAL is appropriate. The GAL may be an attorney or a responsible adult; courts often appoint an independent attorney to avoid conflicts. Courts consider conflicts of interest, familiarity with the child’s needs, and whether the GAL can act impartially.
4. Appointment order: If the court finds appointment warranted, it issues an order naming the GAL and specifying the GAL’s duties and powers. The order may set a budget for investigators or counsel and may require the GAL to file a written report.
5. Investigation and recommendation: After appointment the GAL typically investigates the facts, consults with the minor (depending on age and maturity), reviews records, and advises the court whether the proposed settlement is fair and in the minor’s best interest.
6. Hearing and court approval: The court holds a hearing on the proposed settlement. The GAL presents findings and a recommendation. The judge then decides whether to approve the compromise and may make orders about how settlement funds are handled.
7. Post‑approval safeguards: If the court approves the settlement, it often requires protections for the minor’s funds—examples include court‑blocked accounts, placement in a trust (such as a special needs trust), purchase of an annuity, or appointment of a conservator to manage the money for the minor’s benefit.

Who can serve as the GAL?

A guardian ad litem may be an attorney or a competent adult. Courts commonly appoint an independent attorney when legal analysis and advocacy are needed. The court will avoid appointing someone who has a conflict of interest (for example, an insurer who may pay part of the settlement or a party with a financial stake adverse to the child).

What the GAL does at the hearing

The GAL presents an independent view of whether the settlement is fair and protective of the minor’s current and future needs. The GAL may question counsel, present evidence, and recommend particular protections for the settlement proceeds (e.g., blocked account, trust, or conservatorship recommendation).

What the court considers when approving a settlement

The judge evaluates whether the settlement is reasonable in light of the minor’s legal claims and future needs. The court looks for adequate compensation for pain and suffering, future medical care, lost earnings (if applicable), and appropriate protection and management of proceeds. If the court is not satisfied, it can deny approval or require changes to the settlement terms or protections for the funds.

Possible outcomes after approval

• Immediate distribution to a trusted fiduciary or blocked account with court supervision.
• Creation of a trust (for example, a supplemental needs trust) for long‑term protection.
• Purchase of an annuity to provide periodic payments instead of a lump sum.
• Referral to a conservatorship proceeding if long‑term management of assets is required.

Timing and cost considerations

Appointment of a GAL adds procedural steps and time. GALs (especially attorney GALs) and the court process create fees and costs. Courts weigh those costs against the benefit of independent representation, particularly when conflicts or complex future needs exist.

Practical tips about choosing and working with a GAL

Court-appointed GALs must act in the minor’s best interest, remain impartial, and provide the court a clear recommendation. Parties should propose candidates with relevant experience (medical, financial, or legal) if appropriate and be ready to explain why the candidate protects the minor’s interests.

Statutory authority (key citation): California Code of Civil Procedure § 372 (court power to appoint guardian ad litem in civil actions). See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=372.&lawCode=CCP

Note: depending on how settlement funds will be managed, the case may involve probate or conservatorship rules and additional statutes and procedures. A settlement involving public benefits or special needs may require tailored structures to preserve eligibility and long‑term support options.

Helpful Hints

• Request an independent attorney GAL when there is any question about conflicts or complex future needs.
• Document the minor’s medical prognosis and expected future costs to help the court evaluate a settlement.
• Be prepared to explain how settlement funds will be protected for the minor’s long‑term benefit (blocked account, trust, annuity, or conservatorship).
• Give the court clear evidence of why the proposed GAL is qualified and impartial.
• Expect additional time and fees when a GAL is appointed; factor those into settlement negotiations.
• If the minor receives public benefits, ask how the settlement will affect eligibility and what trust or payout structure will preserve benefits.
• If you disagree with the court’s appointment or recommendation, consult an attorney about the right way to object or request reconsideration.