FAQ: How is a Guardian ad Litem Appointed for a Minor’s Settlement in Delaware?

Short answer: In Delaware, when a minor (someone under 18) is involved in a civil claim and the parties reach a settlement, a court commonly appoints a guardian ad litem (GAL) or requires court approval of the settlement to protect the child’s interests. The appointment process begins with a petition or motion to the appropriate court, includes notice and often a hearing, and ends with the court approving or modifying the settlement and ordering how funds are held or distributed.

Detailed answer — step‑by‑step overview

This section explains the typical steps you will see in Delaware when a minor’s claim is being settled. Courts require special procedures because minors cannot legally enter binding agreements in most cases. The GAL’s role is to represent the minor’s best interests, not necessarily the wishes of the parents.

1. Identify the correct court and file the required paperwork

The lawyer for the plaintiff (or defense counsel, if required) files a motion or petition asking the court to approve the compromise (settlement) of the minor’s claim and to appoint a guardian ad litem if one is needed. The type of court depends on where the civil action is pending (for example, Superior Court in most personal‑injury matters) or where probate/guardian matters are handled if the only issue is approval of a private settlement.

2. Select a proposed guardian ad litem

The party seeking approval typically proposes a candidate for GAL. Courts often appoint a neutral attorney or another qualified adult who has no conflict of interest. In some cases the court may appoint a public guardian or an attorney from a list of court‑approved guardians.

3. Give notice to interested parties

Delaware courts require notice to the minor’s parent(s), custodian(s), and other interested parties (insurance carriers, opposing parties, etc.). Notice ensures anyone who has a legal interest can appear and object to the settlement or the appointment of the GAL.

4. Court reviews the proposed settlement and the GAL’s role

The court examines whether the proposed settlement is fair, adequate, and in the minor’s best interest. The court also confirms the GAL is appropriate and independent. The GAL may be asked to investigate, review medical records, meet the child (if appropriate), and consult with the child’s attorney or guardian.

5. Hearing (if required)

The court may schedule a hearing where counsel for the parties, the GAL, and any interested persons can present evidence and argument. The GAL typically provides a report or oral recommendation to the court about whether the settlement should be approved or modified.

6. Court order approving settlement and directing disposition of funds

If the court finds the settlement in the child’s best interest, it issues an order approving the compromise and specifying how money will be handled: the court may require proceeds to be placed in a blocked account, trust, minor’s compromise account, or direct the appointment of a conservator or trustee. The order also may approve attorney fees and costs to be deducted from the settlement.

7. Payment, trust or conservatorship steps

Following approval, the payor complies with the court order. If the court requires a blocked account or trust, the funds will be managed according to the order until the minor reaches majority or until the court allows distribution for approved needs (education, medical care, etc.). If medical liens or expenses exist, the court will resolve how those are paid.

Who can serve as guardian ad litem and what are their duties?

Commonly an independent attorney or court‑appointed individual with no conflict serves as GAL.
The GAL’s duties: investigate the child’s interests, interview parties and providers, review records, file a report, appear at hearings, and recommend whether the settlement is fair.
The GAL does not usually replace the minor’s attorney (if one exists); instead the GAL provides an independent assessment for the court.

Who pays the GAL and attorney fees?

The court typically orders payment of GAL fees and attorneys’ fees from the settlement proceeds before dispersing funds to the minor. The order will specify amounts or authorize the GAL and counsel to submit fee petitions to the court for approval.

Timing — how long will it take?

Timing varies. Simple settlements with routine paperwork can take a few weeks. Complex cases requiring an investigation, lien resolution, or reports can take several months. Expect extra time if the court requires a conservatorship, trust arrangements, or scheduling for hearings.

Common issues that delay approval

Unresolved medical liens or subrogation claims
Disputes about attorney fees or how funds should be structured
Conflicts of interest for the proposed GAL
Insufficient documentation of damages or the child’s needs

When might a conservator or trustee be needed instead?

If the court believes ongoing supervision of the minor’s funds is necessary (for example, large settlements or complex future needs), it may appoint a conservator or require establishment of a trust rather than just approve a one‑time disbursement.

Helpful Hints

Hire an attorney experienced with minor compromises in Delaware early. They can prepare required petitions and liaise with the court and GAL.
Collect full documentation before filing: settlement agreement, medical records, bills, estimate of future needs, birth certificate, and proof of guardianship if a non‑parent will manage funds.
Expect the court to want clear accounting: show how funds will meet the minor’s long‑term needs.
Be prepared for the court to order funds into a blocked account or trust if the amount is substantial.
If the proposed GAL is an attorney, confirm the court’s required credentials and disclose any potential conflicts up front.
Keep the child’s best interest central: courts prioritize impartial review and protection of future needs.

Disclaimer: This information is educational and does not constitute legal advice. It summarizes common Delaware practices but may not cover every situation. For guidance tailored to your case, consult a Delaware attorney experienced in minor settlements or a court‑appointed GAL.