Short summary: In Massachusetts, when a minor is a party to a civil claim and a settlement or release is proposed, the court commonly appoints a guardian ad litem (GAL) or otherwise requires court approval to protect the child’s best interests. The appointment process begins with a motion or petition to the trial or probate court, includes notice and an independent investigation, and ends with a court hearing to approve or reject the settlement and direct how settlement funds will be handled.

Which rules and courts govern appointments in Massachusetts?

Appointments of guardians ad litem in civil litigation are governed by the Massachusetts Rules of Civil Procedure and local practice in the Trial Court (Superior and District Courts). For settlement and long‑term management of funds, the Probate and Family Court may also become involved because it oversees guardianships, conservatorships, and management of a minor’s assets. See the Massachusetts Rules of Civil Procedure (Rule 17 and related provisions) and the Probate statutes at the Massachusetts Legislature site for how courts handle guardianships and fiduciaries: Mass. Rules of Civil Procedure (info) and M.G.L. Chapter 190B (Probate & Family Court jurisdiction and fiduciary duties).

Step‑by‑step: How a guardian ad litem is appointed in a minor’s settlement

1. Filing a motion or petition: A party (often the plaintiff’s lawyer or a defendant if required) files a motion in the court handling the case asking the judge to appoint a guardian ad litem for the minor or to approve the proposed settlement. The filing explains the facts, identifies the minor, describes the proposed settlement, and requests specific relief (appointment of GAL, approval of settlement, directions about handling funds).
2. Notice to interested parties: The court will require notice to the minor’s parents or legal guardians, opposing parties, and sometimes to the Department of Children and Families if the child is in state care. The court may also require mailing a copy of the petition and any proposed settlement documents.
3. Court review and screening: The judge reviews filings to determine whether an independent GAL is needed. The court asks whether the parents’ interests conflict with the child’s interests (for example, when a parent is a defendant). If a conflict or potential conflict exists, the court typically appoints an independent GAL who has no financial stake in the outcome.
4. Appointment order and scope: If appointed, the court issues an order naming the GAL and specifying duties and deadlines. The GAL’s role typically includes investigating the facts, meeting the child (when appropriate), reviewing medical and billing records, consulting experts if needed, and evaluating whether the settlement is fair and in the child’s best interest.
5. Independent investigation: The GAL conducts a neutral investigation. That may include interviews, reviewing medical records and school reports, and obtaining valuations for future care needs. The GAL files a written report or presents findings at the hearing and recommends whether the court should approve the settlement and any protective measures for the funds.
6. Settlement hearing: The court schedules a hearing. The GAL, parties, and any attorneys present evidence and argument. The judge asks questions to ensure the settlement is adequate and that the funds are protected for the child’s present and future needs.
7. Court approval and protective orders: If the judge finds the settlement is fair and in the child’s best interest, the judge approves it and issues an order describing how funds must be handled. Typical protective measures include a structured settlement, a blocked account requiring court or probate approval for withdrawals, or directing that settlement funds be placed under a guardianship or conservatorship supervised by the Probate Court.
8. Implementation: After approval, the parties complete the settlement. If the court ordered a guardianship or conservatorship, an additional probate filing may be required to appoint a guardian of the estate or to set up trusts or blocked accounts as specified in the court’s order.

Who can serve as guardian ad litem?

The court may appoint an attorney or a qualified lay person. Courts often appoint an attorney experienced in representing minors in civil litigation because legal knowledge is frequently necessary to evaluate and argue about the adequacy of a settlement. The court will avoid appointing anyone with a conflict of interest.

Practical issues the court considers

• Whether parents have a conflict of interest or whether parental consent alone is adequate.
• The minor’s age and maturity; whether the child can express preferences.
• The present and reasonably foreseeable future needs of the child (medical care, education, therapy, long‑term care).
• Whether the settlement provides for structured payments, trust(s), blocked bank accounts, or an immediate lump sum.
• Whether a separate guardianship of the estate (Probate Court) is needed to manage funds long term.

Costs, timing, and representation

Fees for the GAL are usually paid from the settlement proceeds unless the court orders otherwise. Appointment, investigation, and the hearing can add weeks to the settlement timeline. Parties should plan for time to prepare the petition, allow notice, let the GAL investigate, and schedule the court hearing.

When to consult an attorney

If you represent a minor or are a parent or guardian proposing to resolve a minor’s claim, consult a lawyer with experience in Massachusetts personal‑injury or juvenile/probate matters early. An attorney can draft the motion, advise on the need for a GAL, propose protective structures for funds, and represent the minor’s interests at the hearing.

Relevant Massachusetts resources

• Massachusetts Rules of Civil Procedure (information and rules): https://www.mass.gov/info-details/massachusetts-rules-of-civil-procedure
• Massachusetts General Laws — Probate & Family Court (Chapter 190B): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Probate & Family Court information and local court contacts: https://www.mass.gov/orgs/probate-and-family-court

Disclaimer: This article provides general information about Massachusetts procedures for appointing a guardian ad litem in a minor’s settlement. It is not legal advice. Laws and local court practices change. For advice about a specific case, contact a licensed Massachusetts attorney who handles minors’ settlements and probate matters.

Helpful Hints

• File the motion early. Appointing a GAL and arranging protective handling for funds takes time.
• Include full medical records and a proposed budget for future needs with your motion so the GAL and judge can evaluate adequacy quickly.
• Be prepared to propose how the settlement funds should be managed (structured payments, trust, blocked account, or probate guardianship).
• If a parent is a defendant or has a potential conflict, expect the court to appoint an independent GAL.
• Plan for GAL fees — courts commonly approve payment from settlement proceeds.
• Keep records. The court will want documentation to justify the settlement and any long‑term financial arrangements for the child.
• Ask whether a Probate Court guardianship of the estate is advisable when large sums or long‑term medical needs are involved.