What a Guardian ad Litem Does in a Minor Injury Settlement in Maine — and Whether You Can Serve

Short answer: In Maine a guardian ad litem (GAL) is a court-appointed person whose job is to protect a minor’s legal and financial interests in litigation and when settling claims. A court will decide whether to appoint a GAL and who should serve. A parent can sometimes serve, but the court will refuse a parent or other person when a conflict of interest or inadequate protection exists.

Detailed answer — role, appointment, duties, and who may serve

What is a guardian ad litem?

A guardian ad litem is a neutral, court-appointed guardian for the purposes of a particular case. In a personal injury claim involving a minor, the GAL’s role is to investigate the child’s interests, evaluate settlement terms, and advise the court whether the proposed settlement is fair, reasonable, and in the minor’s best interest. The GAL’s job focuses only on protecting the child’s legal rights in that case.

Why does Maine require a GAL or court supervision for minor settlements?

Courts require special protection because minors generally cannot enter binding contracts or manage settlement funds. The court ensures the settlement adequately compensates the child and that funds are handled safely (for example, by approving a blocked account, structured settlement, or other protective mechanism).

How does appointment happen?

1. A party (often the claimant’s lawyer or the defendant) asks the court to approve a settlement or to appoint a GAL.
2. The court reviews any application, supporting documents, and sometimes evidence about the injury, future needs, liens (medical or otherwise), and proposed distribution of funds.
3. The court either appoints a GAL, approves a parent/guardian to represent the minor, or requires an independent guardian or counsel if the court thinks it necessary.
4. After investigation, the GAL files a report and recommendation. The court may hold a hearing before approving the settlement.

What are the GAL’s duties in a settlement?

• Investigate the facts of the injury and any long-term needs of the child.
• Assess whether the proposed lump-sum or structured settlement adequately addresses medical costs, future care, education, and loss of future earning capacity (if applicable).
• Communicate with treating providers, attorneys, and the child’s family as appropriate.
• Identify and address liens (Medicaid, health insurers, providers) and advise the court about resolving them.
• Recommend how settlement funds should be held or disbursed (e.g., blocked account, guardian of property, structured settlement annuity).
• File a written report and recommendation to the court and participate in any approval hearing.

Who can serve as a GAL in Maine, and can you serve?

The court has broad discretion to appoint a suitable person. Typical appointees include attorneys (often experienced in representing minors), qualified lay guardians, or professional guardians. A parent or legal guardian can sometimes serve when there is no conflict and the court believes the parent will adequately protect the child’s interests. However, the court will not appoint a parent or another interested party if the parent’s interests conflict with the minor’s or if the court believes the parent is unable to provide independent, objective protection.

Factors the court considers when deciding whether a parent may serve include:

• Whether the parent stands to gain financially or has a personal interest adverse to the child’s recovery.
• Whether the parent has the ability, time, and competency to evaluate the settlement and the child’s needs.
• Whether independent counsel or an independent GAL would provide better protection for the minor’s future interests.

Practical points if you want to serve as a GAL

• Tell the court (and the parties) upfront if you are a parent or relative and disclose any personal interest.
• Be prepared to explain how you will evaluate the child’s current and future needs—medical, educational, and financial—and how you will protect settlement funds.
• If you are not an attorney, the court may require you to consult with counsel or may prefer appointing an attorney-GAL.
• The court may require a formal bond or accounting, or order funds placed in a blocked account or annuity even if the parent serves as GAL.

Compensation and expenses

Maine courts may allow reasonable compensation and reimbursement of expenses for a GAL’s time, especially when the GAL is a professional or attorneys are appointed. The court decides compensation and may order payment from the settlement proceeds. Expect the court to weigh fairness to the minor when approving fees.

How the court approves a minor’s settlement

Before approving a settlement, the court will typically require:

• Detailed settlement documents showing the gross settlement and how liens, fees, and costs will be paid.
• Evidence (medical records, expert reports) about the injury and future needs when relevant.
• A GAL report or other documentation showing the settlement is fair and in the minor’s best interest.
• A proposed method for safeguarding the funds (blocked account, structured settlement, appointment of a guardian of property under Maine’s probate rules, etc.).

After review, the court will issue an order approving the settlement and specifying how funds must be held or distributed.

Relevant Maine court rule

Maine follows rules that address representation of minors in civil actions. See Maine Rules of Civil Procedure, Rule 17(c) (minor or incompetent persons), which explains that the court may appoint a guardian ad litem to represent a person under a disability for purposes of the action. You can read the Maine civil rules here: Maine Rules of Civil Procedure (civil rules PDF).

When you should consider requesting an independent guardian or counsel

Ask the court to appoint an independent GAL or independent counsel if any of the following apply:

• The parent or guardian has a possible conflict (for example, the parent may be liable for some of the damages or will receive proceeds).
• There are significant future medical or care needs with uncertain costs.
• Liens or coverage issues are complex (Medicaid, private insurer subrogation).
• The settlement is relatively large and requires careful protection for long-term needs.

Next steps if you are a parent, guardian, or potential GAL

1. Talk to the claimant’s attorney (or the defendant’s insurer) early about court approval and GAL appointment.
2. If you want to serve as GAL, disclose any relationships or interests to the court and parties in writing.
3. Collect medical records, estimates of future care, and other documentation to show the child’s needs.
4. Be ready to propose safe ways to hold settlement funds (blocked account, statutory guardianship of property, structured settlement).
5. Consider asking for an independent attorney to represent the minor if there is any question about impartiality or adequacy of protection.

Helpful Hints

• Don’t assume a parent will automatically be appointed. The court’s priority is the child’s independent protection.
• Keep full documentation of medical care and future treatment estimates; the court will want evidence supporting the settlement amount.
• Ask the court to require that settlement funds be protected (blocked account or structured settlement) if funds will support long-term needs.
• Resolve liens before the approval hearing if possible; unresolved liens can delay or reduce the child’s recovery.
• If appointed, keep a clear written record of the GAL’s investigation, communications, and recommendations for the court.
• If you are unsure whether you should serve, request a hearing so the court can evaluate the best arrangement for the minor.

Disclaimer

This article explains general Maine procedures about guardians ad litem and minor settlements. It is educational only and is not legal advice. For advice about a specific case, consult a licensed Maine attorney or ask the court to appoint counsel or an independent guardian to protect the minor’s rights.