Understanding the Role of a Guardian ad Litem in a Minor Injury Settlement in Massachusetts

Short answer: A guardian ad litem (GAL) is a court-appointed person who investigates and protects a minor’s legal interests in a lawsuit or a settlement. In Massachusetts, courts commonly require independent review or court approval before a minor’s personal-injury settlement is finalized. A parent can sometimes serve as GAL, but courts typically prefer an independent attorney or neutral guardian when the court believes a conflict might exist or extra protection is needed.

What a guardian ad litem does in a minor injury settlement

A guardian ad litem performs several key functions designed to protect the minor:

• Investigates the facts relevant to the minor’s claim and treatment history.
• Reviews settlement offers to determine whether the proposed amount and terms serve the minor’s best interests.
• Files a written report or recommendation with the court and often appears at the approval hearing to answer the judge’s questions.
• Helps the court decide how settlement proceeds should be handled (e.g., lump sum, structured settlement, blocked account, or trust).
• Ensures attorneys’ fees and liens are reasonable and that any third-party claims (medical liens, subrogation) are properly addressed.

Why Massachusetts courts involve a GAL or court approval

Courts have a duty to protect minor claimants. Even when a parent or guardian signs a release, the court may require added oversight to be sure the settlement is fair and that settlement funds will not be misapplied. You will often see one of the following in Massachusetts cases:

• Court-ordered appointment of a guardian ad litem or counsel for the minor.
• A formal petition to a Probate & Family Court or to the court handling the civil case asking the judge to approve the settlement (sometimes called a minor’s compromise).
• Judicial orders creating protective mechanisms for the money (e.g., blocked account, structured settlement, or court-supervised trust).

For information on Massachusetts civil procedures that govern representation of minors in litigation, see the Massachusetts Rules of Civil Procedure (Rule 17(c) covers representation of infants and incompetents): https://www.mass.gov/info-details/massachusetts-rules-of-civil-procedure.

Who may serve as guardian ad litem?

Common options include:

• An independent attorney appointed by the court to represent the child’s interests.
• A neutral adult or qualified guardian ad litem appointed by the judge (sometimes a social worker or volunteer in other jurisdictions).
• The minor’s parent or legal guardian, if the court finds no conflict between the parent’s and child’s interests and that it is in the child’s best interest.

Massachusetts courts generally prefer an independent attorney-gal when the issues are complex or there is a potential conflict (for example, if a parent is a defendant, stands to receive money, or if the parent’s financial decisions might conflict with the child’s long-term interests).

Can you serve as the guardian ad litem?

Yes, you can serve as a GAL in some situations, but the court will decide whether that appointment is appropriate. The court will consider:

• Your relationship to the minor and whether any conflict exists.
• Your ability to act impartially and to advocate for what is best for the child.
• Your qualifications (some courts prefer or require the GAL to be an attorney when legal questions are at stake).

If you are a parent who wants to serve as GAL, tell the court why you believe you can act in the child’s best interest. Expect the judge to review the facts and, more often than not, to appoint independent counsel or an independent GAL when money or future needs are at stake.

Typical court protections for settlement funds

After a judge approves a compromise on behalf of a minor, the court commonly orders one or more protections for the money:

• Placement in a blocked account or restricted bank account payable only with court approval.
• A structured settlement (annuity payments over time) to provide predictable income and limit immediate access.
• Creation of a court-supervised trust with a trustee who must account to the court or beneficiaries.
• Appointment of a conservator or guardian of the estate if long-term money management is required.

How the appointment and approval process usually works (step-by-step)

1. The parties negotiate a settlement and prepare a proposed agreement.
2. The attorney or party files a petition or motion with the court requesting approval of the settlement for the minor (this may include a request to appoint a GAL if one is not already assigned).
3. The court may appoint a GAL or counsel to evaluate the settlement and report back to the judge.
4. The court schedules a hearing. The GAL may testify or file a written report recommending approval, modification, or rejection of the settlement.
5. The court decides whether to approve and then issues orders for how the funds will be handled (payment method, restrictions, fee approvals, distribution instructions).

Problems a guardian ad litem can help prevent

• Undervalued settlements that do not cover future medical or care needs.
• Improper diversion of funds by third parties or caregivers.
• Hidden liens, unpaid medical bills, or improper attorney-fee arrangements.
• Tax or benefits implications (e.g., Medicaid or MassHealth eligibility) that could be triggered by lump-sum payments.

Helpful Hints

• Do not accept or sign a final settlement for a minor without either court approval or clear written authorization from the court. A private release may not protect the minor later.
• If you want to serve as GAL, file a written request with the court stating your relationship, lack of conflict, and reasons why the court should appoint you.
• Expect the court to look for objective evidence that the settlement covers the minor’s future medical needs, lost earning capacity (if applicable), and care costs.
• Consider structured settlements or blocked accounts to protect large lump-sum payments and preserve government benefits eligibility where needed.
• Make sure medical liens, health-insurance subrogation, and attorney’s fees are itemized and approved by the court before funds are disbursed.
• Hire an attorney experienced in Massachusetts minor-compromise practice. They can file the petition, coordinate the GAL appointment, and prepare the court paperwork.
• Be patient: court approval can add weeks or months but it protects the minor and can prevent later disputes or clawbacks.

Where to get forms and more information in Massachusetts

General Probate & Family Court and procedural resources are available from the Massachusetts Trial Court and Mass.gov. See:

• Massachusetts Rules of Civil Procedure (Rule 17(c) concerns representation of minors and incompetents): https://www.mass.gov/info-details/massachusetts-rules-of-civil-procedure
• Massachusetts Probate & Family Court information and locations: https://www.mass.gov/locations/probate-and-family-court

Final recommendations

If you are involved in a minor injury settlement in Massachusetts, get competent legal advice early. If you want to serve as guardian ad litem, be prepared to explain to the judge why that appointment is in the child’s best interest. Expect the court to require independent review in many cases. These protections exist to make sure the minor receives fair compensation and that settlement money is managed appropriately for the child’s future needs.

Disclaimer: This article explains general legal principles and Massachusetts practice regarding guardians ad litem and minor settlements. It is for informational purposes only and is not legal advice. For advice about a specific case, consult a licensed Massachusetts attorney.