Understanding the Role of a Guardian ad Litem in a Minor’s Injury Settlement in Delaware

Short answer: A guardian ad litem (GAL) is a person the court appoints to investigate and protect a minor’s legal interests when the minor’s claim is being resolved. The GAL reviews the facts, evaluates the settlement’s fairness, reports to the court, and can recommend approval, modification, or rejection. Parents sometimes can serve as a GAL, but the court will deny that where a parent’s own interests conflict with the minor’s or where independent review is needed. This is general information and not legal advice.

Detailed answer — what a GAL does and how Delaware courts use them

When a child has a personal-injury claim, Delaware courts often require independent protection for the child before the court will approve a settlement. That protection typically comes from a guardian ad litem. The GAL is an advocate for the child’s legal interests, separate from the settlement negotiators, parents, or insurance companies.

Typical duties of a GAL in a minor injury settlement:

Investigate the case facts: speak with the child (if appropriate), parents, physicians, treating providers, and counsel.
Review settlement terms: assess whether the amount offered fairly compensates for the child’s current and foreseeable future needs (medical care, long-term care, lost education, pain and suffering).
Examine how settlement funds will be handled: recommend a blocked account, custodial account, structured settlement, or other protective measures if needed.
File a written report or appear at the court hearing to recommend whether the court should approve the settlement.
Object to unfair or inadequate settlements and propose alternative protections for the child’s funds.

Delaware courts will want an independent, reliable assessment before signing an order that disburses money for a minor. That protects the minor from settlements that prioritize parents’ or insurers’ convenience over the child’s long-term welfare.

How the appointment process typically works

Parties notify the appropriate Delaware court (often Superior Court, Family Court, or Chancery Court depending on the case type) that they seek approval of a minor’s settlement.
The court decides whether to appoint a GAL. The court may appoint an attorney, an experienced volunteer GAL, or another neutral person, depending on the complexity and the child’s interests.
The GAL investigates and files a report or recommendation. The GAL’s report addresses the fairness of the settlement and recommends safeguards for the funds.
The court holds a hearing and issues an order approving, modifying, or rejecting the settlement and directing how funds will be protected and disbursed.

Can a parent serve as the guardian ad litem?

Short answer: sometimes, but not always. Whether a parent may serve as a GAL depends on the court’s assessment of conflict and the need for independent protection.

Key points:

If the parent’s interests align perfectly with the child’s and there is no appearance of conflict, a court may accept a parent as a guardian for settlement purposes in a straightforward case.
Court-appointed independence is more likely when: the settlement is large; future medical needs are uncertain; the parent is a party to the suit; the parent stands to receive or control funds; or other potential conflicts exist. In those cases, the court will favor an independent GAL or counsel for the minor.
If the court allows a parent to act, the court will still closely review the proposed arrangement and may require additional protections (e.g., blocked account or oversight by a custodian or a trust).

Common protections courts order for settlement money

To protect a minor’s money, Delaware courts typically require one or more of the following:

Blocked (restricted) bank accounts that require court approval to withdraw funds.
Structured settlements (periodic payments) to provide predictable, long-term income and limit immediate misuse.
Trusts with a trustee and clear distribution standards.
Appointment of a conservator/guardian with formal fiduciary duties if the award is large or the minor’s needs will continue into adulthood.

How long it takes and how much it costs

Timing depends on court schedules and the GAL’s investigation. Typical timelines range from a few weeks for simple cases to several months for complex injuries or where contested facts exist.

Costs include the GAL’s fee and court costs. If a lawyer serves as GAL, that attorney’s fees may be charged against the settlement. Delaware courts consider the reasonableness of those fees when approving a settlement. Costs can often be negotiated as part of the settlement or allocated by the court.

When you should consult a lawyer

If you are a parent, caregiver, or claim representative involved in a minor’s injury settlement in Delaware, consult an attorney who handles minors’ settlements. An attorney can advise whether a GAL is likely to be appointed, what protections the court usually requires in Delaware, and whether a parent may serve in your situation.

Relevant Delaware resources

Delaware Courts (general information and court contacts): https://courts.delaware.gov/
Delaware Code (search the statutes and titles): https://delcode.delaware.gov/
Delaware Family Court (for family-, custody-, and guardianship-related matters): https://familycourt.delaware.gov/

Helpful Hints

Keep thorough records: medical bills, prognosis letters, and therapy notes help the GAL evaluate future needs.
Ask the insurer to allow funds for future medical care to be set aside or structured to cover known and anticipated needs.
Consider a structured settlement or trust when awards are large or future medical expenses are likely.
If a parent seeks to serve as GAL, be prepared to explain and document why the parent’s interests align with the child’s and why independent review is unnecessary.
Get a written estimate of GAL fees up front and address fees in the settlement negotiations so the court can consider reasonableness at approval.
Don’t sign final release documents or accept funds until the court approves the settlement for the minor.
Consult a Delaware lawyer early—court procedures and local judges’ practices vary; early legal advice saves time and reduces risk of rejected settlements.

Disclaimer: This article provides general information about Delaware legal practice and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Delaware attorney.