Disclaimer: This is educational information, not legal advice. For advice about a specific situation, consult a licensed Iowa attorney or contact the court.
Detailed answer
When a minor has a personal-injury claim (for example, a child injured in a car crash or at school), the court often requires extra protections before any settlement or release is approved. One of the main protections is a guardian ad litem (GAL): a person the court appoints to protect the minor’s legal interests during litigation and at the time of any settlement. The GAL’s job is to make sure the settlement is fair, that the minor’s present and future medical and care needs are considered, and that any money set aside for the child is appropriately protected.
What a guardian ad litem does in a typical Iowa minor‑injury settlement
- Investigates the claim facts and medical needs of the child.
- Reviews settlement offers and the proposed distribution of proceeds.
- Files a report or recommendation to the court about whether the settlement is in the child’s best interest.
- May recommend protections for settlement proceeds (for example, blocked accounts, structured settlement annuities, or a guardianship/conservatorship arrangement).
- Appears at the court hearing to represent the child’s interests and answer the judge’s questions.
When will a court appoint a guardian ad litem?
Iowa state courts commonly require court approval of settlements that resolve civil claims on behalf of minors. When the court considers a proposed settlement involving a minor, it can appoint a GAL to ensure the minor’s interests are independently protected before approving the deal. The court has broad discretion to appoint a GAL whenever it believes the child needs independent representation.
Who can serve as a guardian ad litem in Iowa?
The court may appoint any qualified person it finds suitable to act as a GAL. In practice, courts frequently appoint an independent attorney to serve as a GAL because an attorney can investigate, evaluate legal issues, and advocate in court. Parents commonly care for the child and may be asked for input, but courts are cautious about appointing a parent as GAL when a parent’s interests could conflict with the child’s (for example, where the claim is against another family member or where distribution of funds will affect family finances).
Key points about who may serve:
- The court evaluates qualifications, impartiality, and potential conflicts of interest.
- An attorney GAL is common and often preferred by courts because attorneys can prepare legal reports and argue in court.
- A parent or other family member can ask to serve, but the court will review whether that person can fairly protect the child’s long-term interests.
- In contested cases or where significant future expenses are likely, courts usually appoint an independent GAL (often an attorney) rather than a family member.
How the appointment process typically works
- A party petitions the court to approve a settlement involving a minor or the court orders appointment of a GAL.
- The court reviews candidates and appoints a GAL. The GAL is given a clear scope of duties and may be required to file a written report.
- The GAL investigates, consults medical providers if needed, evaluates reasonableness of the settlement, and files a recommendation to the court.
- The court holds a hearing and decides whether to approve the settlement and any protections for funds (blocked account, structured settlement, guardianship, etc.).
Protections for settlement proceeds
If the court approves a settlement for a minor, it commonly requires one or more protections for the money:
- Block or restrict withdrawal of funds until the child reaches majority.
- Require a structured settlement (periodic payments funded by an annuity).
- Require appointment of a guardian or conservator under Iowa guardianship law to manage larger sums long term. Iowa’s guardianship and conservatorship statutes govern those formal appointments; courts will follow those rules when long‑term management is needed. For general statutory guidance, see Iowa Code chapter 633: https://www.legis.iowa.gov/docs/code/633.pdf
Can you serve as the guardian ad litem?
Short answer: possibly — but the court decides. If you are a parent or relative who wants to serve as GAL, you should be prepared for the court to evaluate any potential conflicts of interest and your ability to provide an independent, objective assessment of the settlement. If you are not a lawyer and the court is concerned about legal or procedural complexity, the court may prefer to appoint an attorney as GAL. If you want to serve:
- File or respond to the court’s appointment request and state your qualifications and lack of conflicts.
- Be prepared to undertake an investigation, prepare a written report, and appear in court under oath.
- Expect the judge to deny appointment if the court believes you cannot independently protect the minor’s long‑term interests.
Practical example (hypothetical)
Suppose a 10‑year‑old is injured in a playground accident and an insurer offers a cash settlement to the child’s parent. Before the parent signs, the court requires approval. The court appoints a GAL to review medical records, estimate future care costs, and recommend whether the settlement amount and proposed distribution (for example, placing funds in a blocked account versus a structured annuity) are in the child’s best interest. If the GAL recommends changes, the parties can renegotiate. At the hearing the judge considers the GAL’s report before approving the agreement and ordering how the money will be managed.
Where to look for Iowa procedural rules and statutes
Iowa courts publish rules and local guidance about civil procedure and court practice on the Iowa Courts website. For general statutory rules about guardianship and conservatorship, see Iowa Code chapter 633: https://www.legis.iowa.gov/docs/code/633.pdf. For court rules and self‑help resources, see the Iowa Judicial Branch site: https://www.iowacourts.gov/.
Helpful hints
- Do not sign a settlement that releases a child’s claim until a court approves it or you have a court‑approved GAL recommendation.
- If you want to serve as GAL, disclose any relationship to the parties and any financial interest up front.
- Expect the court to prefer an independent attorney GAL when the claim is complex or the settlement is large.
- Ask the GAL (or prospective GAL) to consider future medical needs, therapy, special education, and life‑care planning in the valuation.
- Consider structured settlements or court‑blocked accounts to protect future needs and avoid mismanagement of funds.
- If the settlement is significant, talk to an attorney experienced in minor‑claim approvals and guardianship to get practical guidance before you petition the court.
- Keep careful records of all communications, medical bills, and the GAL’s report; the court will review them when deciding whether the settlement is in the minor’s best interest.