How a Court-Appointed Guardian ad Litem Works for a Minor’s Injury Settlement in Maryland

Disclaimer: This article is educational only and does not provide legal advice. If you need legal help, consult a licensed Maryland attorney or contact the appropriate Maryland court.

Detailed answer — what a guardian ad litem does and how the process works in Maryland

When a child (a person under 18) has a personal-injury claim in Maryland, the court must protect the child’s legal and financial interests before approving any settlement. A guardian ad litem (GAL) is one tool courts use to protect those interests. A GAL’s job is to investigate the case facts, represent the child’s best interests to the court, and advise the judge whether the proposed settlement is fair and in the child’s best interest. The court may also appoint an attorney to represent the child’s legal interests (often called an “attorney ad litem” or simply an attorney for the minor); sometimes the attorney performs the fact-finding and advocacy tasks that a GAL might perform.

Typical GAL responsibilities in a minor injury settlement include:

• Reviewing medical records, bills, and other evidence about the injury and future care needs.
• Interviewing the child (when appropriate), parents, medical providers, and others with relevant information.
• Evaluating whether the proposed settlement amount and structure (lump sum, structured settlement, annuity, blocked account) meet the child’s future medical and living needs.
• Filing a written report or making an oral recommendation to the court about approval, modification, or rejection of the settlement.
• Monitoring how settlement funds are handled after court approval, when the court orders special protections (for example, a blocked account or guardianship for the property).

Maryland courts routinely require judicial approval for settlements involving minors because a parent or guardian may have a conflict, and because the court must ensure the child’s money will be used properly. The court will review the GAL’s findings and the settlement terms before entering an order that authorizes the settlement and directs how the proceeds will be held or disbursed.

Who usually serves as the guardian ad litem?

Maryland courts may appoint different people depending on the case: a volunteer or court-appointed non-lawyer GAL, an attorney appointed specifically to represent the child, or a lawyer acting as both GAL and counsel. Many courts prefer an independent attorney when the claim involves substantial sums or complex ongoing medical needs because an attorney can both investigate and present legal argument to the court.

Can a parent or other relative serve as the guardian ad litem?

It depends. A parent may act as the child’s “next friend” to bring or settle a lawsuit, but courts will scrutinize situations where a parent serves as GAL because the parent’s interests may diverge from the child’s. If the parent has no conflict, the court sometimes accepts a parent’s recommendation, but the court still must independently approve any settlement for a minor. If there is any potential conflict (for example, if the claim is against another family member, a co-parent, or an insurer that also must pay household expenses), the court is far more likely to appoint an independent GAL or an attorney to represent the child.

So, can you serve as guardian ad litem? You might, if you are the child’s parent or a close relative and the court finds no conflict and believes you will adequately protect the child’s interests. However, the court is free to appoint someone else — especially when significant money or future medical care is involved. If you want to serve, you must ask the court to appoint you and be prepared for the court to require you to demonstrate neutrality and competence to evaluate the claim.

How appointment and approval typically proceed

1. The plaintiff (or “next friend” for the minor) files a complaint or a petition to settle the minor’s claim.
2. If a settlement is reached, the parties submit the settlement papers to the court, request approval, and ask the court to appoint or accept a GAL or attorney for the minor if needed.
3. The court may schedule a hearing. The GAL (or attorney representing the child) presents findings and a recommendation. The court questions the parties and ensures the settlement is reasonable and in the child’s best interests.
4. If the court approves, it issues an order authorizing the settlement and directing how the funds will be handled (for example, that the funds be placed in a blocked account, used to pay current medical bills, or partially paid to a guardian of the property).

Costs and fees

Courts often authorize reasonable attorney fees and GAL fees to be paid from the settlement. The court reviews fee requests for reasonableness before approval. If a parent serves without requesting compensation, the court still evaluates whether the arrangement protects the child’s interests.

Practical example (hypothetical)

Imagine a 9-year-old who suffers a head injury in a car crash. Parents settle with the insurer for $150,000. Because the child is a minor, the defense and plaintiff file a joint motion asking the circuit court to approve the settlement. The judge appoints an independent attorney as guardian ad litem to review medical records and speak with the child’s treating physicians. The GAL recommends approval but asks the court to require that $100,000 be placed in a blocked account and that $50,000 be used to pay current medical expenses. The court evaluates the GAL’s report, approves the settlement with those conditions, and enters an order directing the bank to hold the funds until the child turns 18 or until further court order.

Helpful hints — how to prepare and what to ask the court or an attorney

• Collect clear records: medical records, bills, diagnoses, prognosis, and any school or therapy reports that show the child’s needs.
• Ask the court whether it prefers an attorney ad litem or a non‑lawyer GAL in your county.
• If you are a parent who wants to serve, be ready to explain and document why you can act in the child’s independent interests and whether you will seek compensation.
• Request a clear court order about how settlement funds will be held and who controls them (for example, a blocked account, structured settlement, or guardianship of the property).
• Get independent legal advice for the child when the settlement is sizeable or when future medical needs are uncertain.
• Keep receipts and records for any medical or related expenditures paid from settlement funds; the court may require accounting.
• Ask whether the proposed settlement will affect public benefits (Medicaid, SSI) and plan accordingly. Structured settlements or special needs trusts can protect benefits in many situations.
• Confirm how attorney and GAL fees will be calculated and approved; the court must review them for reasonableness.
• Verify local court procedures and forms with the circuit court clerk in the county where the claim is filed — counties may handle minor settlement reviews differently.

If you need help finding a Maryland attorney experienced with minor settlements or guardian ad litem matters, contact your local bar association or visit the Maryland Courts website to find family or civil resources and court rules.

Again: this is general information and not legal advice. For guidance specific to your situation, consult a Maryland-licensed attorney or the clerk of the circuit court handling the case.