Summary answer

In most cases in Hawaii, a civil settlement that resolves claims on behalf of a minor must be approved by a court. That usually means at least one court hearing or judicial review. The court’s job is to protect the minor’s interests, confirm the settlement is fair, and decide how the money will be handled (for example, placed in a blocked account, trust, or paid to a guardian). Expect a short, documentary hearing in routine cases and a more thorough hearing when issues are complex.

Why the court often needs to approve a minor’s settlement

Courts supervise settlements for minors because minors generally cannot fully protect their legal and financial interests. Under Hawaii law the judiciary and probate/guardianship procedures provide a mechanism to review and approve compromises for minors so funds are not misused and the settlement is substantively fair. See the Hawaii Revised Statutes and Hawaii State Judiciary resources for general authority and procedures: Hawaii Revised Statutes (hrscurrent) and the Hawaii State Judiciary home page at courts.state.hi.us.

Who usually has to attend the hearing

• Parent or legal guardian who is signing the settlement paperwork.
• Court-appointed guardian ad litem or the minor’s independent attorney, if the court has required one.
• The attorney for the settling parties (plaintiff/guardian and defendant or defendant’s insurer).
• The minor may be required to attend if the judge wants to speak to them directly, typically only when the minor is old enough to understand (varies by judge and case facts).

What happens at the hearing

1. Filing review: The judge or clerk reviews petitions, proposed settlement agreement, and supporting papers (medical records, life care plans, fee petitions, appraisal of loss, etc.).
2. Court questions: The judge may ask the guardian, guardian ad litem, or the minor’s counsel whether the settlement is fair and whether fees or liens have been properly disclosed and resolved.
3. Minor appearance: If the court requires, the minor may be asked age-appropriate questions to confirm they understand the settlement. Many hearings do not require the minor to testify in detail.
4. Decision: The judge may approve the settlement, approve it with modifications (for example ordering funds placed in a blocked account or structured settlement), or deny approval and request further information or a revised settlement.
5. Orders and distributions: If approved, the court signs an order describing how funds are to be distributed, payment of attorneys’ fees, and how remaining funds will be held for the minor.

Common court-ordered options for handling settlement funds

• Blocked bank account or blocked investment account requiring court permission for withdrawals.
• Creation of a guardianship or conservatorship account under probate supervision.
• Establishing a trust (e.g., a minor’s trust or special needs trust) managed by a trustee.
• Structured settlement (annuity) that pays periodic amounts over time.

How long the process takes

Timing varies. For uncontested, well-documented settlements, courts may schedule a hearing within a few weeks to a couple of months after filing. If the judge requests additional information, or if there are contested issues (liens, questions about fees, disputes among guardians), approval can take longer. Ask your attorney to estimate local timelines.

What judges look for when approving a settlement

• Complete disclosure: The petition should disclose total settlement amount, itemized deductions (attorney fees, medical liens, costs), and net amount to the minor.
• Fairness: The settlement must be reasonable when compared with likely trial outcomes and damages proofs.
• Protection of funds: The court will want to ensure future needs of the minor are protected (education, medical care, support).
• Liens and subrogation: Medical providers, insurers, or government programs with lien rights should be identified and resolved or accounted for.

Example hypotheticals

Example A (routine): A 10-year-old hurt in a car crash reaches a $50,000 settlement. The parties file a petition for approval showing $15,000 in medical liens and a $10,000 attorney fee. The judge holds a short hearing, approves placing the net funds in a blocked account until the child turns 18, and signs the order.

Example B (complex): A 16-year-old with long-term care needs receives a large settlement. The court requires independent counsel for the minor and a hearing where the judge reviews expert opinions and approves a trust plus periodic payments instead of a lump sum.

Practical tips to prepare

• Work closely with the attorney handling the settlement so the petition and all supporting documents are complete before filing.
• Bring identification for the guardian and any paperwork the court requested (medical records, lien letters, fee agreements).
• If the minor will attend, make sure they are prepared for simple, age-appropriate questions. Ask the lawyer what to expect.
• Ask whether the court requires a guardian ad litem or independent counsel for the minor; if so, budget for that cost or negotiate it in the settlement.
• Confirm with the lawyer how the funds will be managed after approval and what future court approvals (if any) will be required to access funds.

When you might not need a hearing

Some small settlements or settlements that comply with specific statutory procedures may be resolved with limited judicial involvement or paperwork-only review, depending on local court rules and the judge’s practice. Your attorney should confirm whether a personal appearance is required in your county’s court.

Where to find Hawaii-specific rules and forms

General statutory texts and court information are available at the Hawaii Legislature’s website: Hawaii Revised Statutes (hrscurrent), and the Hawaii State Judiciary website: courts.state.hi.us. For probate or guardianship procedures, the Judiciary’s self-help/probate pages provide practical forms and local instructions; check the specific probate or family court pages for your county.

Helpful Hints

• Ask your attorney to file a complete petition—missing paperwork is the most common cause of delay.
• Expect short hearings for routine cases; come prepared so the judge can act quickly.
• Identify and resolve medical liens and subrogation early—unresolved liens often cause hearings to be continued.
• Consider asking about a structured settlement or trust if the funds are significant or the minor has ongoing needs.
• Confirm whether the court requires the minor to be present; if so, prepare them calmly and briefly.
• Keep copies of the court order that approves the settlement and describes how funds are to be handled—banks and trustees will usually require it.