Detailed answer — the appointment process under Florida law

When a person under 18 (a minor) is involved in a lawsuit or is the subject of a settlement (for example, a personal-injury settlement), Florida’s courts protect the minor’s interests. The court commonly appoints a guardian ad litem (GAL) or requires court approval of the settlement so the minor’s property and legal rights are properly safeguarded. Florida’s guardianship law is found in Chapter 744 of the Florida Statutes, which governs appointment and duties of guardians and related court supervision. See Florida Statutes, chapter 744: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744.html.

Below are the typical steps in a Florida circuit court for appointing a guardian ad litem and obtaining court approval of a minor’s settlement. Procedures can vary by county and by whether the settlement involves only a legal claim or also requires handling of the minor’s settlement funds.

1. Filing a petition or motion with the court

   The party (often the plaintiff’s attorney or a parent) files a petition or motion asking the court to appoint a guardian ad litem and/or approve the settlement for the minor. The filing explains the claim, the settlement terms, and why court involvement is needed (e.g., minor cannot legally bind a guardianless capacity).

2. Who may be appointed

   The court can appoint a guardian ad litem who may be an attorney or another qualified adult. A GAL’s role is to investigate and recommend what is in the minor’s best interest. If the petition asks the court to appoint a permanent guardian of the minor’s estate (to manage settlement proceeds long-term), the court follows the guardianship procedures in Chapter 744 and may require additional filings and notices.

3. Notice to interested persons

   The court requires notice to the minor (through a guardian or by next friend), parents, legal custodians, and other interested parties. The notice explains the hearing date and the proposed settlement. Depending on the county, the clerk’s office will provide instructions on who must be served and how.

4. Investigation and report by the guardian ad litem

   Once appointed, the GAL investigates: reviews medical records, financial documents, settlement terms, speaks with the minor (depending on age), parents, treating providers, and counsel. The GAL files a written report and recommendation to the court stating whether the settlement is fair and in the minor’s best interest and recommending approval, rejection, or modifications (for example, placement of funds in a blocked account, structured settlement annuity, or appointment of a guardian of the estate).

5. Hearing on approval of the settlement

   The court holds a hearing. The judge considers the GAL’s report, the evidence, and any objections. The court must be satisfied the settlement is fair and protects the minor’s interests before approving it. If the settlement includes attorney fees, costs, or liens (medical or otherwise), the court reviews and approves those deductions from the settlement proceeds.

6. Court order and handling of funds

   When the court approves the settlement, it issues an order describing how funds are to be handled: immediate disbursements, blocked accounts, creation of a guardianship estate, or purchase of an annuity (structured settlement). If the order requires the appointment of a guardian of the estate, additional guardianship procedures and reports under Chapter 744 may apply.

7. Compensation and recordkeeping

   The GAL and attorneys may request fees. The court must approve any fees charged against the minor’s recovery. The appointed guardian (if a guardian of the estate is later appointed) must manage the funds under court supervision and file inventories and periodic accountings as required by Chapter 744.

For general guidance and resources on guardianship, the Florida Courts provide public information about guardianship and court processes: https://www.flcourts.org/Resources-Services/Family/Guardianship.

Key points the court focuses on: (1) Is the settlement in the minor’s best interest? (2) Are fees, liens, and costs reasonable and properly deducted? (3) Are the funds being protected through blocked accounts, structured settlements, or a guardianship of the estate if needed? If those issues are satisfied, the court will normally approve the settlement and issue the necessary orders.

Helpful hints — practical steps and checklist

• Start early: file the petition/motion and request appointment well before the proposed settlement date so the GAL has time to investigate.
• Collect documents: medical records, bills, demand letters, settlement agreement, lien information, and any prior guardianship or custody orders.
• Be ready to explain how settlement funds will be protected: blocked account, savings for education/medical needs, annuity, or guardianship of the estate.
• Expect the court to review attorney fees and liens closely. Bring detailed billing records and written lien releases where possible.
• If the minor is older (teenager), courts often consider the minor’s preferences but still require protective measures for funds.
• Ask the court about local forms and procedures — counties can have specific forms or scheduling rules for minor settlement approval hearings.
• If a guardianship of the estate is necessary, be prepared for bond requirements, inventories, and accountings under Chapter 744.
• Consider alternatives that the court commonly approves, such as structured settlements (annuities) or blocked accounts, to reduce the need for long-term court supervision.
• Work with counsel experienced in Florida minor settlements or guardianship law; courts give careful scrutiny to protecting a minor’s recovery.