Detailed Answer

This section explains, in plain language, how Massachusetts handles settlement approvals when a person under 18 (a minor) receives money from a lawsuit or settlement. It covers whether you must attend court, who usually appears, what the judge looks for, and what happens after approval.

When court approval is required

When a claim belongs to a minor — most commonly a personal injury or medical malpractice claim — the court typically must review and approve the settlement before funds are disbursed. In Massachusetts, this review normally happens in the Probate and Family Court. The court’s role is to protect the minor’s financial interests and make sure the settlement is fair and in the child’s best interest. For general information on the court that handles these matters, see the Massachusetts Probate and Family Court site: https://www.mass.gov/orgs/probate-and-family-court.

Do you need to attend the hearing?

In most cases, the minor does not personally have to appear at the hearing. Who attends depends on the case facts and local practice:

• Parent(s) or legal guardian: Usually attend (or their attorneys attend) and may speak for the minor.
• Minor’s attorney (if retained): Often appears to present the settlement and support approval.
• Defendant or defendant’s attorney: May attend or submit written materials; in many cases they do not personally appear if all paperwork is in order.
• Guardian ad litem (GAL): The court may appoint a GAL to represent the minor’s interests; the GAL typically files a report and often attends the hearing.
• The minor: Rarely required to appear. A judge may want to speak with an older minor directly if the child is mature enough or if facts are disputed.

What the judge reviews at the hearing

The judge examines whether the settlement is fair, reasonable, and in the minor’s best interest. Typical points the judge will address:

• What the minor’s total damages are likely to be (past and future medical expenses, pain and suffering, disability, etc.).
• Whether the settlement reasonably compensates for those damages.
• How attorney fees and liens (medical providers, health insurers, government) will be paid.
• How the proceeds will be protected until the minor reaches adulthood (often via a restricted/blocked account, trust, or structured settlement).
• Whether a guardian ad litem has investigated and recommended approval.

Typical documents the court wants

• Petition or motion to approve the compromise of a minor’s claim.
• Settlement agreement and proposed order for the judge to sign.
• Guardian ad litem report, if a GAL was appointed.
• Itemization of proposed disbursements: attorney fees, reimbursement of costs, medical liens, and the amount to be protected for the minor.
• Proposed plan for protecting the funds (e.g., blocked account or trust documents) and any proposed investments or annuity documents if a structured settlement is used.

What to expect at the hearing

Hearing length varies. Many routine approvals take 10–30 minutes if paperwork is complete and parties agree. The judge may ask questions of the attorney, the GAL, and the parent/guardian. Possible outcomes:

• Approval as submitted.
• Approval with modifications (e.g., reduce attorney fees, require different safeguards for the funds, or adjust disbursement language).
• Continued hearing to gather more information (medical reports, valuation of future damages, or clearer lien resolution).
• Denial if the judge finds the settlement inadequate or procedures were not followed.

After approval — how funds are handled

Once the judge signs an approval order, the settlement funds are usually handled according to that order. Common methods:

• Blocked/restricted bank account or custodial account controlled by the court order until the child reaches majority or another court-ordered age.
• Establishment of a trust (revocable or irrevocable) for the minor’s benefit.
• Purchase of a structured settlement (periodic payments or annuity).

The court order specifies who can withdraw money and for what purposes (education, medical expenses, housing, etc.).

Timing and cost considerations

Expect weeks to months between settlement agreement and final approval. Delays commonly arise from lien negotiations (medical or insurer liens), appointment of a guardian ad litem, or incomplete paperwork. Court costs and filing fees vary; attorney fees typically are deducted from the settlement and must be reasonable and approved by the court.

When to get an attorney

Consult an experienced Massachusetts attorney if:

• The settlement is large or includes future disability considerations.
• There are disputes over who controls the funds or family conflict.
• Medical or insurance liens are substantial or complex.
• You need guidance on blocked accounts, trusts, or structured settlements.

For help locating an attorney in Massachusetts, the state’s find-a-lawyer resource can be a good start: https://www.mass.gov/how-to/find-a-lawyer. You can also contact the Massachusetts Bar Association: https://www.massbar.org.

Important: This explanation summarizes typical Massachusetts practice. Courts may vary by county and judge, and local court rules and practices can change timing and requirements.

Disclaimer: This is general information and not legal advice. It does not create an attorney-client relationship. For advice about a particular case, consult a licensed Massachusetts attorney.

Helpful Hints

• Hire or consult an attorney early to prepare the petition and supporting documents before scheduling a hearing.
• If the court appoints a guardian ad litem, cooperate fully — the GAL’s favourable report often speeds approval.
• Collect and organize medical records, bills, and future care estimates; judges want clear evidence of damages.
• Resolve or estimate liens beforehand. Courts want a clear plan for paying medical and insurance liens.
• Consider blocked accounts, trusts, or structured settlements and bring proposed paperwork to the hearing.
• Bring originals or certified copies of settlement documents and identification for parties who will attend.
• Arrive early on hearing day; court clerks may need time to check files and mark exhibits.
• If the minor is older (teens), ask whether the judge prefers the child to be present or to speak with the court privately.
• Ask your attorney to prepare a proposed order for the judge to sign at the hearing to save time.
• Keep copies of the signed court order and all settlement paperwork—banks and insurers will require them to disburse funds.