Understanding the Guardian ad Litem Role in a Michigan Minor Injury Settlement

Short answer

In Michigan, a guardian ad litem (GAL) is a court-appointed representative whose job is to protect the legal interests of a minor (or another person under a disability) in litigation and in settlement proceedings. When a child has an injury claim, the court often requires that the child’s interests be independently represented before it will approve a settlement. A parent or other close relative can sometimes serve as GAL, but the court may instead appoint an independent attorney or other neutral guardian if a conflict exists or if it believes that is in the child’s best interest.

What a guardian ad litem does in a minor injury settlement

The GAL’s duties focus on protecting the child’s legal and financial interests. Typical responsibilities include:

• Investigating the facts and medical records related to the injury.
• Communicating with the child (when appropriate), the child’s parents or legal guardians, treating providers, and insurers or defense counsel.
• Evaluating whether a proposed settlement is fair and adequate given the child’s current and future needs (medical care, rehabilitation, pain and suffering, lost future earnings when relevant, etc.).
• Advising the court whether it should approve the settlement or recommend modifications.
• Filing any required reports, recommendations, or petitions with the court and appearing at the settlement approval hearing.
• Safeguarding how settlement funds are handled after approval (for example, by recommending a blocked account, structured settlement, or trust to protect long-term benefits).

Legal source and court rules

Michigan handles the appointment and duties of guardians ad litem through the Michigan Court Rules and related case law. See the Michigan Court Rules governing infants and persons under disability for the basic framework. For official court rules and guidance, consult the Michigan Courts website: https://www.courts.michigan.gov. For Michigan statutes and legislative materials, see the Michigan Legislature site: https://www.legislature.mi.gov.

When is a guardian ad litem required?

The court will typically require a GAL or other independent representation when:

• A minor is a party to a civil action (such as a personal injury lawsuit).
• There is a proposed compromise or settlement of a minor’s claim and the court must approve it to bind the minor.
• There is a potential conflict between the child’s interests and the interests of a parent, guardian, or another party (for example, if a parent is alleged to have been negligent or if the settlement would limit future claims for medical care).

Can I serve as guardian ad litem for a child?

Yes — but with important limits.

If you are the child’s parent or legal guardian, you frequently already have authority to act for the child in many contexts. However, when the matter is litigation or a contested settlement, the court may require an independent GAL (often an attorney) to protect the child’s separate legal interests. The court decides whether a parent or other proposed GAL may serve.

Factors the court considers when deciding who should serve include:

• Whether a conflict exists between the child’s interests and the proposed GAL’s interests.
• The proposed GAL’s legal knowledge and ability to protect the child’s rights.
• Whether the proposed GAL can provide an independent, unbiased view about the fairness of the settlement.
• Whether retaining an independent attorney-GAL is necessary to review medical evidence or negotiate appropriate future-care protection such as structured settlements or trusts.

Typical court process for appointing a GAL and approving a settlement

1. A settlement is negotiated between plaintiff (through a parent or guardian) and defendant/insurer.
2. The parties file a petition or motion with the court asking it to approve the proposed settlement for the minor.
3. The court reviews the settlement terms and may appoint or confirm a GAL to represent the minor’s interests. If a GAL is needed, the court either appoints one or accepts a proposed GAL subject to its review.
4. The GAL evaluates the case and typically files a report or appears at a hearing recommending approval, modification, or rejection of the settlement.
5. If the court approves the settlement, it issues an order. The court often provides directions for how settlement funds must be handled (for example, a blocked account, trust, or structured settlement for periodic payments).

Costs, fees, and protection of settlement funds

GALs frequently charge fees for investigation and court appearances. The court will review GAL fees for reasonableness. Courts commonly require special handling of settlement proceeds for minors — for example:

• Blocked accounts that require court permission to withdraw funds.
• Establishment of a trust for the minor’s long-term care.
• Structured settlements paying periodic amounts to cover future care.

These protections aim to ensure that settlement money will be available for the child’s future needs rather than being spent immediately and leaving the child without needed care.

Practical steps if you want to serve as GAL

1. Check local practice: rules and procedures vary by county and by court. Contact the clerk’s office in the county where the case is or will be filed for local practice guidance.
2. File the appropriate nomination or motion: parties usually file a nomination and proposed order asking the court to appoint a specific GAL or ask the court to accept the parent as GAL.
3. Be ready to show the court you have no conflict and that you can protect the child’s interests. If the court doubts your independence, it may appoint an independent attorney.
4. If appointed, investigate the claim thoroughly and prepare a written report for the court before the approval hearing.
5. Understand available protections for settlement funds and be prepared to recommend the best option for the child (blocked account, trust, or structured settlement).

When you should consider independent legal help instead of serving as GAL

Even if you could serve, consider asking the court to appoint independent counsel when:

• There is any possible conflict of interest between you and the child (e.g., any party claims a parent’s negligence).
• The child’s injuries are complex and the settlement must account for long-term needs.
• Large sums of money are involved or the settlement could affect public benefits (Medicaid/MIChild) or future care eligibility.

Helpful links and resources

• Michigan Courts (general information and court rules): https://www.courts.michigan.gov
• Michigan Legislature (statute search and legislative resources): https://www.legislature.mi.gov

Helpful Hints

• Confirm local court practice by calling the county circuit court clerk where the case will be filed.
• If you are a parent, be prepared for the court to appoint independent counsel if a conflict exists.
• Bring medical records, bills, and expert reports to any GAL investigation or hearing to show the child’s anticipated future needs.
• Ask the court to protect settlement funds (blocked account, trust, or structured settlement) when the settlement will be used for future medical care or long-term needs.
• Expect the court to review GAL fees for reasonableness; keep clear time records and receipts.
• Consider consulting an attorney experienced in Michigan minor settlements early — they can explain how public benefits or future care needs affect settlement planning.

Final note and disclaimer

This article explains how Michigan courts commonly handle guardians ad litem for minors in injury settlements and describes typical duties, appointment procedures, and practical considerations. It is an educational overview only and not legal advice. For advice about a specific case, consult a qualified Michigan attorney or contact the court where the case will be filed.