Short answer — what typically happens
In Idaho, most minor settlements that resolve personal-injury, wrongful-death-derived, or other claims for people under 18 require some form of court approval. A judge usually reviews the proposed settlement to protect the minor’s interests. A parent or guardian will often need to appear at that hearing, and the court will confirm the settlement is fair, approve attorney fees, and decide how the settlement money will be handled (for example, placed in a blocked account or supervised by a conservator). The minor themselves usually does not need to testify or attend unless the judge specifically requests it.
Detailed Answer — process and what to expect
Why courts review minor settlements
Court review exists to protect a minor because a child generally cannot legally enter binding contracts or fully understand long-term consequences. The judge’s role is to make sure the settlement is reasonable, that medical bills and other liens are properly handled, and that attorney fees or any payment to a parent/guardian do not unfairly reduce the amount that should go to the child.
Typical steps before the hearing
- Negotiation and settlement agreement between the insurer/defendant and the child’s representative (usually a parent or the child’s attorney).
- The child’s attorney or the guardian files a petition with the appropriate Idaho court asking the judge to approve the settlement. That petition usually describes the facts, the proposed distribution of proceeds, and any request for attorney fees or costs.
- The court may request appointment of a guardian ad litem or an independent attorney to represent the minor’s interests if the court thinks it necessary.
Who generally must attend
- Parent(s) or legal guardian: Most courts expect the child’s legal representative to appear, either in person or through counsel.
- Attorney(s): The child’s attorney and the opposing party’s counsel typically attend.
- Guardian ad litem or court-appointed representative: If one is appointed, that person will appear and report to the judge.
- The minor: Usually not required. Judges sometimes ask older children to testify if the child’s age, maturity, or contested facts make it helpful, but this is not common.
What happens at the hearing
- The judge confirms jurisdiction and that required notices were given.
- Counsel and any guardian ad litem summarize the case, settlement terms, and explain why the deal is fair and in the child’s best interest.
- The judge reviews medical bills, lien resolutions (medical providers, health insurers, Medicaid, Medicare, or subrogation claims), attorney-fee requests, and proposed distribution of net proceeds.
- If the judge approves the settlement, the court issues an order approving payment, which may include directing funds into a blocked account, a court-supervised conservatorship, or releasing some funds to a parent for minor’s immediate needs.
How the court may protect the money
The court has several options for protecting settlement funds: approving a structured settlement (periodic payments), ordering a blocked or restricted bank account (requiring court permission to withdraw), appointing a conservator/guardian to manage the funds, or authorizing a lump sum release to a responsible adult. The method depends on the size of the recovery and what the judge finds is in the child’s best interest.
Timing and logistics
Hearings are usually short (often 15–30 minutes) unless the case is complex. Expect scheduling to take several weeks after filing the petition. If anyone cannot attend in person, ask the court whether telephonic or video attendance is allowed; courts sometimes permit this for counsel or parties but will specify rules for remote testimony.
Who pays attorney fees and how they are approved
Attorney fees for the child’s counsel normally come from the settlement proceeds. The court reviews fee requests to ensure they are reasonable in light of the work, results obtained, and usual local rates. The judge will reduce fees if they appear excessive.
Common issues courts check for
- Whether medical liens, subrogation, or Medicaid liens were addressed.
- Whether the settlement was negotiated fairly and without conflict.
- Whether attorney fees and costs are reasonable.
- Whether a parent or guardian’s proposed use of funds is appropriate and in the child’s best interest.
Where to look for Idaho law and court rules
Idaho’s statutes and court procedures relating to guardianship, conservatorship, and general probate/court authority are available through the Idaho Legislature website; you can search the Idaho Code for specific language here: https://legislature.idaho.gov/statutesrules/idstat/. For questions about local practice (scheduling, filing, and hearing procedures), check the Idaho judicial branch resources at the Idaho Supreme Court site: https://isc.idaho.gov.
When a hearing might not be required
Minor settlements that are very small or strictly limited in nature (for example, small-property claims or designated statutory allowances) sometimes can be handled without a formal hearing if statute or local rule allows a paper-based approval. Whether that method is available depends on the county and the nature of the claim; talk to your attorney or the clerk about local practice.
Helpful Hints
- Bring originals and copies of the settlement agreement, itemized medical bills, lien statements, the child’s birth certificate, and any insurance correspondence to the hearing.
- Ask your attorney to prepare a clear petition that explains how liens and fees are handled and proposes how net funds will be protected for the child.
- Clarify whether the court requires the child to attend. If the child must be present, plan for a short appearance and for a supportive adult to accompany them.
- Discuss structured settlements and blocked accounts with your lawyer — for larger recoveries, periodic payments or court-supervised accounts often give better long-term protection.
- Confirm whether remote attendance is allowed. If you or a key witness cannot attend in person, request court permission early.
- Be ready to explain any special needs of the child that affect how settlement funds should be managed (disability benefits, future care expenses, education needs).
- Keep copies of the court order approving the settlement; banks and annuity providers often require certified copies.
- Talk with your lawyer about tax consequences or benefits eligibility that could change depending on how funds are distributed.