Summary answer

In Maine, most personal-injury or other civil settlements for people under 18 must be approved by a court before the funds can be distributed. That usually means the parent or guardian (or appointed representative) will either attend a hearing or submit paperwork for the judge to review. Whether you must appear in person depends on the court, the size and complexity of the settlement, and whether the judge can approve the settlement on the papers. This article explains the typical process, what to expect at a hearing, what documents you should bring, and how to prepare.

Detailed answer — the process under Maine practice

Why court approval is often required

Courts protect minors by reviewing and approving settlements that resolve claims on their behalf. The review ensures the settlement is fair, that the minor’s best interests are served, and that attorney fees, medical liens, and future needs are handled appropriately. In Maine, these reviews typically occur through the probate or superior court system and follow general probate and guardianship rules as applied to minors. For general statute and court information, see the Maine Legislature statutes index (https://legislature.maine.gov/statutes/) and the Maine Judicial Branch (https://www.courts.maine.gov/).

Who files the petition

• A parent, legal guardian, or counsel usually files a petition requesting court approval of the settlement and an order directing how the proceeds will be handled.
• If there is any dispute, concern about conflicts of interest, or no parent/guardian available, the court may appoint a guardian ad litem to represent the minor’s interests at the hearing.

When a hearing is required versus when approval can be done on the papers

• Many courts will schedule an in-person or telephonic hearing when the settlement involves a substantial amount of money, unresolved liens, structured settlements, or confidential issues.
• In simpler cases, the judge may review the petition, supporting documents, and proposed order without a hearing and sign off (sometimes called approval on the papers). Whether the judge will do that depends on local practice and the strength of the filings.

Typical court concerns the judge will address

• Is the settlement amount reasonable compared to the claim?
• Are attorney fees reasonable and properly documented?
• Do any medical providers, insurers, or government programs (MaineCare/Medicaid) have liens, and are those liens satisfied or appropriately handled?
• How will the funds be protected for the child (blocked account, guardianship account, structured settlement, trust, or appointment of a guardian of the property)?
• Is the proposed distribution in the minor’s best interest?

Possible outcomes at the hearing

• The judge approves the settlement and signs an order directing distribution and protections for the funds.
• The judge approves only after changes (for example, reducing requested attorney fees, requiring funds to be placed in a blocked account, or paying certain liens first).
• The judge requests more documentation or schedules a further hearing.
• The judge denies approval if the settlement appears unfair or insufficient protective measures exist.

What to expect if you must attend the hearing

1. Check in with the clerk. Arrive early, bring photo ID, copies of the petition and settlement documents, and any orders or lien statements.
2. Be prepared to briefly state your role (parent, guardian, attorney) and confirm the facts of the settlement and your belief that it is in the child’s best interest.
3. The judge may ask questions about the injury, past and anticipated medical needs, the amount recovered, attorney fees, and how the funds will be protected for the child’s future.
4. If a guardian ad litem or other counsel represents the child, they will speak for the minor’s interests. Counsel for defendants or lienholders may also appear.
5. If the judge approves, the court will sign an order. The order will direct how funds are to be handled and authorize distribution to any authorized payees (medical providers, attorney, and the blocked account or trust for the minor).

Documents and information to bring or include in the petition

• Signed settlement agreement and any release.
• Petition to approve settlement (prepared by counsel or the party filing).
• Itemized attorney fee agreement and billing summary supporting reasonableness of fees.
• Evidence of past medical bills and an estimate of future medical needs tied to the claim.
• Documentation of any liens (insurance subrogation, provider liens, MaineCare liens) and proposed plans to satisfy them.
• Proposed court order describing how the money will be handled (e.g., blocked account, trust, structured settlement, appointment of a guardian of the property).
• Proof of identity for the parent/guardian and any required consent forms.

Common post-hearing protections for settlement proceeds

• Blocked or restricted bank account requiring a court order for withdrawal.
• Establishing a guardianship or conservatorship for the child’s property if ongoing management is necessary.
• Purchasing a structured settlement to provide periodic payments instead of a lump sum.
• Creating a minor’s trust with a trustee and specified distribution terms.

Timing and practical tips

Timeline varies by court and county. After filing, a hearing could be scheduled in a few weeks to several months. If urgency exists (for example, medical bills that must be paid), notify your attorney or the court clerk; the judge may be able to expedite review or permit limited disbursement for immediate needs subject to later accounting.

When to get a lawyer

Talk to an attorney experienced in minor settlements if the case involves substantial money, unresolved liens, structured settlements, complex future medical needs, or disputes about who should receive the money. An attorney can prepare the petition, propose a protective plan for the funds, and represent the minor or the guardian in court. To find local attorneys, see the Maine State Bar Association (https://www.mainebar.org) or the Maine Judicial Branch (https://www.courts.maine.gov/).

Resources and statutory references

General information about Maine courts and probate procedures is available from the Maine Judicial Branch: https://www.courts.maine.gov/

For Maine statutes and to search specific probate or guardianship laws, use the Maine Legislature statutes index: https://legislature.maine.gov/statutes/

For help locating counsel, see the Maine State Bar Association: https://www.mainebar.org

Helpful hints

• Ask your attorney to prepare a clear petition and proposed order so the judge can often approve on the papers.
• Identify and document all potential liens (health insurers, providers, MaineCare) early. Unresolved liens commonly delay approval.
• Consider whether a structured settlement or trust better protects the child than a lump-sum disbursement.
• Bring originals and multiple copies of settlement documents and medical records to the hearing.
• Be ready to explain why the settlement is fair in relation to the injury and future needs.
• Do not disburse funds for the child until the court signs an order authorizing distribution.
• If you cannot attend, ask the court clerk and your attorney whether telephonic or video attendance is allowed and whether the court will accept filings without a hearing.