Quick answer

When a minor (someone under 18) has a personal injury claim in Idaho, the court must ensure the minor’s legal and financial interests are protected before approving any settlement. A guardian ad litem (GAL) is a person the court either appoints or recognizes to represent the minor’s best interests in the settlement process. Whether you can serve as the GAL depends on whether the court finds you suitable and free of conflicts; parents or guardians often participate, but courts frequently appoint an independent GAL when a conflict exists or when the judge wants an independent evaluation.

What a guardian ad litem does in a minor injury settlement

A guardian ad litem’s core duty is to protect the child’s legal interests. Typical tasks include:

• Investigating facts: review medical records, speak to treating providers, and assess future medical needs and expenses.
• Evaluating damages: work with medical and vocational experts, and with any retained attorney, to estimate current and future losses (medical costs, pain and suffering, lost future earnings where applicable).
• Advising the court: prepare and file a written report or recommendation for the judge describing whether the proposed settlement is fair and in the child’s best interest.
• Participating in hearings: appear at the court hearing to answer the judge’s questions and support a recommendation to approve, modify, or reject a settlement.
• Protecting settlement funds: when the court approves a settlement, it often orders protections for the money (e.g., funds placed in a blocked account, guardianship/conservatorship supervision, or structured settlement). The GAL can recommend appropriate safeguards.

Who can serve as a guardian ad litem in Idaho?

Idaho courts care about the GAL’s independence and the absence of conflicts of interest. Common possibilities are:

• Parents or legal guardians: Courts frequently consider a parent or existing legal guardian for this role when the parent’s interests align with the child’s and no conflict exists. However, because a parent is often also a proposed recipient of part of a settlement or otherwise has an interest that could conflict, some judges will prefer an independent GAL.
• Neutral individuals appointed by the court: Judges often appoint attorneys, trained volunteers, or other neutral adults to serve as a GAL, especially when there are questions about fairness or potential conflicts.
• Attorneys as GALs: In many cases an attorney is appointed to serve as GAL so the minor’s interests are represented by someone who understands settlement mechanics and court procedure. An attorney-GAL may also be compensated from settlement proceeds for reasonable fees if the court approves.

The court will evaluate whether you (or anyone proposed) can act impartially and competently. If you have a personal stake in the settlement (for example, you would receive part of the funds or are party to the underlying dispute), the court may decline to appoint you and instead appoint a neutral representative.

How a guardian ad litem is chosen and what the court looks for

Typical steps in Idaho practice:

1. Filing a petition: The party seeking settlement approval files a petition with the appropriate court asking the judge to approve a compromise of the minor’s claim.
2. Request for GAL appointment or report: The petition usually identifies who will represent the minor’s interests. The court may appoint a GAL or order a report from the proposed GAL before the hearing.
3. Investigation and report: The GAL investigates the claim, reviews medical records and other evidence, and recommends whether the settlement is fair and in the minor’s best interest.
4. Hearing and approval: The court holds a hearing. The judge can approve, reject, or modify the settlement and will enter orders protecting the minor’s funds as appropriate.

In deciding who to appoint, the court looks for:

• Absence of a conflict of interest;
• Ability to investigate and advocate for the minor;
• Knowledge of the issues and the child’s needs (or willingness to consult experts); and
• Credibility with the court.

Because procedures vary by county and judge, courts may have local forms or local rules that guide GAL selection and compensation.

Can I serve as the guardian ad litem?

Short answer: possibly — but it depends.

If you are the child’s parent or legal guardian, you may propose to serve as the GAL. The court will evaluate whether you can represent the child’s interests impartially. If the settlement involves any claim where your interests could conflict with the child’s (for example, if you might receive settlement funds, if liability or fault implicates you, or if you are a party to the case), judges commonly appoint an independent GAL or an attorney to represent the minor instead.

If you are not a parent or existing guardian, the court may still appoint you if you are a responsible adult with no conflict, and if the judge believes you will protect the child’s interests. Many courts prefer attorneys or trained volunteers for this role.

Practical tips if you want to serve

• Disclose any relationship to the child, any financial interest, or any role in the underlying event up front to the court.
• Be prepared to investigate: obtain medical records, talk to medical providers, and review bills and future care needs.
• Consider getting counsel: if you are appointed, consult a lawyer experienced with minor settlements. Courts often expect the GAL to understand legal issues surrounding damages and settlement protections.
• Understand compensation rules: if you are an attorney, the court may permit reasonable GAL fees to be paid from the settlement; non-attorney GALs should ask the court about compensation and reimbursement for expenses.
• Plan for funds protection: recommend appropriate protections for settlement money (blocked accounts, court-supervised guardianship, structured settlements) so the judge feels the child’s long-term interests are secured.

What to expect at the court hearing

The hearing typically covers these points:

• The GAL’s report and recommendation;
• Evidence of the settlement terms and how the amount was calculated;
• Proposed plan for how the funds will be managed or restricted;
• Any testimony from treating providers, the GAL, or the child (when appropriate); and
• The judge’s questions to ensure the settlement is fair.

The judge must be satisfied the settlement is in the child’s best interest before approving it.

Where to get forms and local rules in Idaho

Idaho courts handle petitions to compromise claims for minors and appointments of guardians ad litem. For forms, instructions, and local procedures, check the Idaho Judicial Branch website and the Idaho Legislature site for statutes and court rules:

• Idaho Judicial Branch (courts and rules): https://isc.idaho.gov
• Idaho Legislature (statutes and statutory guidance): https://legislature.idaho.gov

Contact the clerk at the county courthouse where the case will be filed for local forms and hearing procedures. Many counties have local rules or judicial checklists for minor settlement approvals.

Helpful hints

• Begin early: court approval and any GAL investigation take time. Start the petition and any GAL appointment process early to avoid unnecessary delay in medical payments or care.
• Document everything: keep complete medical records, bills, and notes about future treatment recommendations to support a fair valuation of the claim.
• Expect oversight: the court will scrutinize the settlement to protect the minor — general language such as “in the child’s best interest” must be proven with facts and documentation.
• Ask about structured settlements: judges often prefer ways to protect funds for future care rather than paying a lump sum directly to a child’s caregiver.
• Disclose conflicts early: full transparency about relationships and financial interests makes it easier for the court to decide whether you are a suitable GAL.
• Consult an Idaho attorney: a lawyer familiar with minor settlement procedure can advise whether a parent should act as GAL or whether a neutral appointment is advisable.