How a Guardian ad Litem Is Appointed for a Minor’s Settlement in Colorado

Short answer: In Colorado, a guardian ad litem (GAL) is appointed by the court to protect a minor’s legal interests when a civil claim or settlement involves that minor. A party (often a parent, insurer, or plaintiff attorney) files a petition asking the court to approve the minor’s settlement and, when needed, to appoint a GAL. The court reviews written materials, may appoint counsel or a GAL to investigate, holds a hearing, and approves the settlement only if it finds the settlement to be fair and in the minor’s best interest.

Detailed Answer — Step-by-step process under Colorado law

1. When is a guardian ad litem needed?

A GAL is typically needed when a minor is a party to a civil claim (for example, personal injury, medical malpractice, or a wrongful death claim that involves a minor beneficiary) and the minor cannot legally approve a settlement. Courts intervene to make sure the settlement is reasonable and protects the minor’s interests.

2. Who asks the court to appoint a GAL?

Anyone with standing in the case can ask—commonly a parent, a party to the litigation, or an attorney. In many cases the court itself will require a GAL before it will approve any settlement involving a minor.

3. Filing the petition and supporting documents

The party seeking settlement approval files a petition or motion with the trial court. Typical documents include:

Copy of the proposed settlement agreement;
A proposed order seeking appointment of a GAL and court approval of the settlement;
Medical records, billing, and an itemized breakdown of damages or expenses;
Any fee agreements and proposed distribution of proceeds (e.g., payment of liens, attorney fees, and net to minor or structured settlement);
A statement explaining why the settlement is reasonable and in the minor’s best interest.

4. Court’s initial review and temporary appointment

The court reviews the filing. If the judge wants a separate neutral investigation, the court will appoint a GAL (often an attorney). The GAL may be an independent lawyer experienced in representing minors or a qualified person the court deems appropriate. The court can also appoint counsel for the minor in addition to, or instead of, a GAL.

5. What the guardian ad litem does

The GAL’s duties commonly include:

Investigating the facts of the case, treatment history, and the proposed settlement terms;
Interviewing the minor (if appropriate), parents, treating providers, and attorneys;
Reviewing medical records, cost projections, and any lien obligations;
Preparing and filing a written report and recommendations to the court about whether the settlement is fair, reasonable, and in the minor’s best interest;
Participating in the settlement hearing and advocating for the minor’s interests.

6. Notice and the hearing

The court schedules a hearing on the settlement and GAL recommendation. The court will generally require notice to interested parties (parents, guardians, insurers, and others with a potential interest). At the hearing the judge hears evidence, considers the GAL’s report, and asks questions needed to determine whether approval is appropriate.

7. Court approval standard

The court must find that the settlement is reasonable and in the child’s best interest before approving it. The court considers the adequacy of compensation, payment of medical liens or subrogation, attorney fees, projected future care needs, and whether the structure of payment (lump sum versus structured settlement or trust) protects long-term interests.

8. If the court approves the settlement

The judge signs an order approving the settlement and, if applicable, directing how the settlement funds will be distributed—such as immediate payments for liens and fees and placement of the remainder into a blocked account, trust, or structured settlement for the minor. The court’s order will often also address payment of the GAL’s fees and attorney fees.

9. If the court does not approve

If the court finds the settlement unfair or not in the minor’s best interest, the court will deny approval or require changes (for example, larger structured protections, different allocation for future care, or reduced attorney fees). The parties then may renegotiate and refile for approval.

Authority and rules commonly used in Colorado

Colorado trial courts rely on state court rules and statutes governing representation of minors and court approval of settlements. The Colorado Rules of Civil Procedure address representation of infants and incompetent persons; see the Colorado Judicial Branch rules page: Colorado Rules of Civil Procedure. For statutory authority and definitions, consult the Colorado Revised Statutes at: Colorado Revised Statutes. (The exact statutory provisions may vary depending on the nature of the claim and whether the matter arises in probate, juvenile, or civil court.)

Practical timeline

From filing to court approval, the process often takes several weeks to a few months, depending on scheduling, the need for discovery, the GAL’s investigation, and whether the court asks for additional information. Complex cases with high damages or unresolved liens commonly take longer.

Helpful Hints

Start early: gather medical records, billing statements, and documentation of future care needs before filing for approval.
Be transparent about liens and subrogation demands; courts want to see a clear plan for lien resolution.
Consider structured settlements or establishing a blocked account/trust if the amount payable to the minor is substantial.
Expect the GAL to request interviews and records; cooperating speeds the process.
Budget for GAL and court costs—courts commonly authorize payment of GAL fees from settlement proceeds.
If you disagree with the GAL’s recommendation, raise your objections to the court with supporting evidence; the court makes the final decision.
If a parent or guardian has a conflict (for example, adverse interests or suspected mishandling of funds), the court is more likely to appoint a neutral GAL or independent counsel for the child.
Ask the attorney handling the case to explain how the proposed distribution protects the minor’s future needs (education, medical care, daily support).

When to consult an attorney

While this overview explains typical procedures, each case differs. If you are involved in a minor’s claim or settlement, consult a Colorado attorney experienced with minor settlement approvals and guardians ad litem to explain the court’s expectations and help prepare filings. If you cannot afford counsel, ask the court about appointed counsel or local legal aid resources.

Disclaimer: This article is informational only and does not constitute legal advice. It describes general Colorado procedures; it does not address the specifics of any case. Consult a licensed Colorado attorney for advice about your particular situation.