Understanding the Process for Appointing a Guardian ad Litem in a Minor’s Settlement

Disclaimer: This article is educational only and does not provide legal advice. If you need legal help, consult a licensed Georgia attorney about your specific situation.

Detailed answer: How appointment of a guardian ad litem (GAL) works in Georgia

When someone under 18 (a minor) has a legal claim—most commonly a personal injury or wrongful-death-related claim—the court may require an independent representative to protect the minor’s legal interests before approving any settlement. In Georgia, that representative is often a guardian ad litem (GAL). A GAL is an individual (frequently an attorney) appointed by the court to investigate the case, advise the court, and recommend whether a proposed settlement is fair and in the minor’s best interest.

Which law governs this in Georgia?

Statutes governing guardians and duties of a guardian are found in Georgia’s guardianship code (Title 29 of the Official Code of Georgia Annotated). For general statutory guidance, see O.C.G.A. Title 29 (Guardians and Wards): https://www.legis.ga.gov/legislation/ocga/29. For information about Georgia courts and filing practices, see the Georgia Judicial Branch: https://www.gacourts.gov.

When is a GAL required?

If a minor is a party to a civil lawsuit and the minor’s interests may conflict with a parent or other party.
If a proposed settlement involves a minor and the court must give formal approval before funds are disbursed.
When the court believes an independent investigation is necessary to determine the fairness of a settlement or to protect the minor from a conflict of interest.

Step-by-step: Typical appointment and approval process

Filing the petition or notice: The plaintiff or the plaintiff’s lawyer files a petition or notice with the appropriate court asking for approval of the settlement and, if necessary, asking the court to appoint a GAL. Depending on local practice, petitions for settlement approval involving minors are commonly filed in the county Probate Court, the Superior Court, or the court where the underlying lawsuit is pending. Check local rules or ask an attorney which court to use.
Court review of the request to appoint a GAL: The court reviews the petition and decides whether to appoint a GAL. If a conflict is apparent or the court believes independent review is necessary, it will appoint a GAL.
Selection of the GAL: The court may appoint an attorney from a list of qualified GALs, appoint an attorney suggested by a party, or name another competent adult. The GAL must be independent and must not have interests adverse to the minor.
Investigation by the GAL: The GAL reviews the settlement paperwork, medical records, billing, liability evidence, and any other relevant documents. The GAL will often meet with the minor (if appropriate), the parents or guardians, and the child’s counsel, and may consult experts (medical, financial) as necessary.
Recommendation to the court: After the investigation, the GAL files a written report or recommendation stating whether the settlement is fair and reasonable. The GAL may recommend approval, modification, or rejection of the settlement or suggest protections (for example, placing funds in a blocked account or establishing a conservatorship).
Hearing and court decision: The court typically holds a hearing where the GAL’s report is considered, and the judge decides whether to approve the settlement and how to handle the settlement funds. The judge acts to protect the minor’s best interests when approving or modifying the proposed arrangement.
Order and distribution: If the court approves the settlement, it issues an order describing how funds should be handled (e.g., immediate disbursement to a guardian/conservator, deposit to a blocked bank account, or purchase of a structured settlement). The court’s order controls distribution and any future oversight.

What can a GAL do and what are its limits?

Investigate facts and records relevant to the minor’s claim.
Advise the court about fairness and reasonableness of a proposed settlement.
Appear at hearings and cross-examine witnesses related to the settlement if necessary.
Recommend special protections for settlement funds (blocked accounts, conservatorships, annuities, etc.).
A GAL does not replace a legal guardian’s parental role nor does the GAL become the minor’s permanent guardian unless the court separately appoints one under guardianship statutes.

How the court commonly handles settlement funds for minors

The judge will decide how to protect settlement proceeds. Common options include:

Ordering the money placed in a blocked (court-ordered) bank account until the minor reaches majority.
Appointing a conservator or guardian for the minor’s estate under Georgia’s guardianship statutes to manage funds (see O.C.G.A. Title 29: https://www.legis.ga.gov/legislation/ocga/29).
Approving a structured settlement (annuity) that pays over time.

Costs and timing

Appointing a GAL and the court’s review add time and expense. The GAL may charge a fee for their work; the court may allocate that fee to a party, the settlement, or the minor’s recovery. Typical timelines vary by county and case complexity but expect several weeks to a few months from petition filing to final court approval.

Sample hypothetical

Facts: A 10-year-old is injured in a car crash. Parents reach a $100,000 settlement with the insurer and file a petition asking the court to approve the settlement and to appoint a GAL. Court appoints an independent attorney as GAL. The GAL reviews medical records, interviews the parents and the child’s counsel, and recommends approval subject to $60,000 being placed in a blocked account and $40,000 to pay medical bills and legal fees. The court holds a hearing, follows the GAL’s recommendation, and signs an order describing how funds are held and spent.

Helpful Hints

Start early: allow time for GAL appointment and the court’s review when negotiating settlement deadlines.
Collect complete documentation: medical records, billing statements, school records (if relevant), and a clear settlement agreement so the GAL can investigate efficiently.
Discuss proposed protections for funds (blocked account, conservatorship, annuity) with counsel before filing—courts favor specific, protective plans for minors’ money.
Expect the GAL to be independent. The GAL’s job is to protect the minor’s interests, not the parents’ or the insurer’s.
Ask the court or an attorney which court to file in (Probate Court, Superior Court, or the court where the case is pending) because local practice varies across Georgia counties.
Keep receipts and records of any court-ordered disbursements or conservatorship expenditures; courts may require accounting until the minor reaches majority or the conservatorship ends.
If the settlement is small, inquire whether the court has simplified procedures or a local form for minor settlements to reduce cost and delay.

If you are preparing to settle a claim involving a minor in Georgia, consider contacting a local attorney who regularly handles minor settlements or guardianship matters to review the proposed settlement and explain local court practices. This article is informational only and is not a substitute for legal counsel.