Disclaimer: This is general information, not legal advice. For advice about a specific case in Hawaii, consult a licensed Hawaii attorney or the Family/Probate Court.
How Hawaii courts protect a child’s financial interests in a personal-injury claim
Detailed answer — role of the guardian ad litem in a minor injury settlement
A guardian ad litem (GAL) is a person the court appoints to represent and protect a child’s legal interests during a lawsuit or settlement process. In cases where a child (a “minor”) has been injured and a settlement or judgment is possible, the court uses the GAL process to make sure any agreement fairly and reasonably protects the child’s present and future needs.
Typical responsibilities of a GAL in a minor injury settlement include:
- Investigating the case facts and medical records relevant to the child’s injuries and prognosis.
- Meeting (as appropriate) with the child, parents or guardians, treating providers, and attorneys for the parties.
- Evaluating whether a proposed settlement adequately compensates the child for past and future medical costs, pain and suffering, lost parental services, and other damages.
- Reporting findings and a recommendation to the court about whether to approve a proposed settlement.
- Protecting the child’s money after settlement — recommending or seeking court-ordered mechanisms (for example, blocked accounts, structured settlements, or appointment of a guardian of the estate) to keep funds safe until the child reaches majority.
- Filing status reports and receipts after distribution of settlement funds if the court requires them.
When will a Hawaii court appoint a guardian ad litem?
Courts typically require a guardian ad litem or similar protective step whenever a minor’s legal claim is settled or a judgment is entered on behalf of a minor. The court must be satisfied that the settlement is fair and in the child’s best interest before it approves closing the claim. Even if parents agree to a settlement, the court may still appoint a GAL or require additional protections if the court believes the child’s interests need independent protection.
Can a parent, family member, or friend serve as the guardian ad litem?
Possibly, but the court will evaluate whether that person can fairly and independently represent the child. Key considerations the judge will typically examine include:
- Whether the proposed GAL has a conflict of interest (for example, if the parent will receive settlement money or if the parent’s interests diverge from the child’s).
- The proposed GAL’s ability to investigate, communicate with the court, and carry out GAL duties responsibly.
- Whether the person has any legal or practical qualifications the court deems necessary (some courts prefer or require the GAL be an attorney in complex cases).
Because parents sometimes have a potential conflict (they control the child’s everyday needs and may benefit indirectly), the court frequently appoints an independent adult or an attorney to serve as GAL. In more routine situations, a parent or other family member may be appointed if the court is satisfied there is no conflict and the person can adequately protect the child’s interests.
How to seek appointment as a guardian ad litem in Hawaii
- File a motion or petition with the family, civil, or probate court handling the lawsuit or the minor’s claim. The exact form and procedure depend on the county and the type of case.
- Provide the court with information about your relationship to the child, any potential conflicts, your qualifications, and why appointment is appropriate.
- Give the required notice to the parties and appear at the hearing. The court will decide whether to appoint you and may set limits on the GAL role.
Who usually serves as a guardian ad litem in practice?
In many personal-injury settlement cases the court appoints an independent attorney to act as GAL or, in some jurisdictions, a neutral non-attorney appointed to investigate and recommend approval or rejection of a settlement. The court may also require appointment of a guardian of the estate (a fiduciary) to manage settlement funds once the court approves the agreement.
How the court protects the settlement funds
Even after the court approves a settlement, the court often requires protective measures for the money. Common protections include:
- Placing funds into a blocked or restricted bank account until the minor reaches the age of majority.
- Ordering a structured settlement that pays the child over time.
- Appointing a guardian or conservator of the minor’s estate under court supervision to manage the money for the minor’s benefit.
How a GAL is paid
The court decides whether the GAL will be paid and from what source. Courts may authorize payment from the settlement proceeds, from the losing party, or otherwise. Before appointment, discuss compensation expectations and how the court commonly handles payment for GAL work in your county.
Practical tips for someone considering serving as a GAL
If you are a parent or family member thinking of asking the court to appoint you as GAL, be honest about potential conflicts and be prepared to show that your appointment would protect the child’s independent interests. If you are not an attorney and the case involves significant damages, complex medical issues or long-term care needs, the court may prefer to appoint a lawyer. If you are an attorney interested in serving, be prepared to file the appropriate paperwork and offer a clear plan for evaluating the case and protecting the child’s funds.
Where to get procedural information in Hawaii
Procedures and local rules vary by county and by whether the case is in civil, family, or probate court. For general court information and forms, see the Hawaii State Judiciary’s self-help pages: https://www.courts.state.hi.us/self-help. For legislative materials and state statutes, the Hawaii State Legislature site is a general reference: https://www.capitol.hawaii.gov/. For case-specific questions, contact the clerk in the court handling the claim or consult a Hawaii-licensed attorney who handles minor settlements and guardianships.
When to hire an attorney
Consider hiring a lawyer if the case involves substantial medical expenses, future care needs, long-term disability, or if any party questions whether a parent or family member can fairly represent the child. An attorney experienced in representing minors or serving as a GAL can guide you through the required filings and ensure the court’s approval process goes smoothly.
Helpful hints
- Start early: GAL appointment and court approval for settlements take time—plan for hearings and paperwork.
- Document everything: medical records, bills, and prognosis reports help the GAL and the court evaluate the settlement.
- Be candid about conflicts: full disclosure to the court avoids later challenges that could undo the settlement.
- Understand fund protection options: blocked accounts, structured settlements, or a guardian of the estate each have pros and cons.
- Ask about local practice: different Hawaii counties may have specific forms or typical procedures—check the court clerk or local self-help resources.
- Expect the court to seek the child’s best long-term interests, not just the immediate payout.
- If you are appointed, keep detailed records and be ready to report back to the court about how funds were used.
If you want help locating an attorney in Hawaii with experience in minor settlements or guardianship matters, contact the Hawaii State Bar Association or the local court clerk for referrals.
Again, this information is educational only and is not a substitute for legal advice tailored to your situation.