Detailed Answer — How a Guardian ad Litem Is Appointed for a Minor’s Settlement in Michigan

Short answer: In Michigan, courts may appoint a guardian ad litem (GAL) to represent a minor’s best interests whenever a proposed settlement, compromise, or legal action involves a child and the court determines an independent advocate is necessary. The process typically begins with a petition or motion asking the court to approve the settlement or to appoint a GAL; the court reviews written materials, may hold a hearing, and then either appoints a GAL, appoints counsel for the minor, approves the settlement, or requires changes to protect the child’s interests.

Important note: This article explains general Michigan practice. This is educational information only and not legal advice. For case-specific guidance, consult a Michigan attorney or the local probate/circuit court.

When courts consider appointing a guardian ad litem

Courts appoint a GAL most commonly in these situations:

• There is a potential conflict between the parent’s interests and the child’s interests (for example, when a parent’s insurance must be protected or a parent is a defendant).
• The settlement terms are complex or the amount is substantial, and the court needs independent evaluation of fairness.
• The child is of an age or maturity where the court needs someone to explain the case and advocate separately.
• No parent or guardian is available or able to adequately protect the child’s interests.

Who can request a guardian ad litem?

A GAL can be requested by:

• A parent or guardian filing to compromise a claim for a minor;
• An attorney for the minor or for other parties;
• The opposing party or insurer (if they believe the minor needs independent representation); or
• The court itself, on its own motion.

Typical step-by-step process

1. File a petition/motion for settlement approval: The party proposing the compromise (usually a parent through counsel) files the required paperwork in the appropriate Michigan court (often the circuit court or probate court depending on the type of case). The filing should explain the claim, list settlement terms, state why court approval is requested, and identify the minor and parent/guardian.
2. Request for GAL or court’s review: The petition may specifically ask the court to appoint a GAL, or the court may determine one is needed after reviewing the papers. If there is a potential conflict or the court has concerns, it will consider appointing a GAL or independent counsel for the minor.
3. Appointment and appointment order: If the court appoints a GAL, it will enter an order naming the GAL and outlining the scope of the GAL’s duties, the time to complete the investigation, and how the GAL will be paid (commonly from settlement proceeds unless the court orders otherwise).
4. Investigation and report: The GAL investigates the case: reviews medical records, settlement documents, counsel fee requests, insurance policies, and may interview the minor, parents, treating providers, and attorneys. The GAL then files a written report and recommendation summarizing whether the settlement is in the minor’s best interest.
5. Hearing: The court usually schedules a hearing to review the GAL’s report (if any), hear argument, and, if appropriate, question the parties or the minor. The court may also take testimony under oath if needed.
6. Court approval or modification: After considering the GAL’s recommendations and the record, the court will approve the settlement, approve it subject to modification, or reject it and order further negotiation or trial. If approved, the court enters an order authorizing distribution of funds and specifying any conditions (trust accounts, structured settlements, or partial disbursements) to protect the child’s long-term needs.
7. Payment of GAL fees: The GAL’s fees are typically paid from the settlement proceeds upon court approval unless the court orders another arrangement.

What the guardian ad litem does

The GAL’s duties generally include:

• Investigating facts and medical or financial documents;
• Interviewing the child, parents, and relevant witnesses;
• Evaluating whether the proposed settlement fully compensates the child for past and future needs;
• Recommending whether the settlement is fair and in the child’s best interests;
• Monitoring distribution of funds if ordered; and
• Filing reports and appearing at court hearings on the child’s behalf.

Practical outcomes the court may order

• Approval of the entire settlement and authorization to disburse funds.
• Approval with protections—e.g., placing money in a blocked account, structured settlement, or minor’s trust.
• Appointment of a conservator or guardian for long-term financial oversight when large sums are at issue.
• Denial of the settlement and return to negotiation or litigation.

Example (hypothetical fact pattern)

Imagine a 10-year-old injured in a car crash. Parents negotiate a $200,000 settlement with the insurer. Because the parents are seeking to use part of the proceeds to repair a jointly owned vehicle and because the insurer questions whether the amount covers future medical care, the court asks for a guardian ad litem. The GAL reviews medical records, speaks with a treating physician, recommends that part of the proceeds be placed in a blocked account for future medical expenses, and supports the settlement subject to that arrangement. The court approves the settlement and orders funds held in a blocked account until the child reaches 18 or needs medical treatment sooner.

Where to look in Michigan law and court rules

Michigan’s courts handle appointment and duties of guardians ad litem through local court procedures, Michigan Court Rules, and statutes governing minors and guardianship. For authoritative resources, consult the Michigan Legislature (Michigan Compiled Laws) and the Michigan Courts website for local practice and rule guidance:

• Michigan Legislature — Michigan Compiled Laws
• Michigan Courts

Because procedures may differ between circuit and probate courts, check the local court’s rules or administrative office for forms and instructions.

Helpful Hints

• Start early: ask whether a GAL will be needed when negotiating a minor’s settlement so everyone knows the timeline and budget.
• Provide full documentation to the court and any prospective GAL: medical records, billing, insurance offers, and a breakdown of proposed distributions (attorney fees, liens, expenses).
• Expect the GAL to request time for investigation. Courts typically allow time for an independent review before final approval.
• Consider protective mechanisms for settlement funds: blocked accounts, structured settlements, or a conservatorship/guardianship for large recoveries.
• Be ready to explain why a parent’s decision is in the child’s best interest if there is any potential conflict.
• If you are a parent or guardian, seek independent legal advice if you face disagreement about the settlement terms or the GAL recommendation.
• GAL fees are often taken from the settlement—budget for that cost in negotiations.

Final reminder: This is a general overview of typical Michigan practice. It does not substitute for legal advice. If you need specific guidance about a minor’s settlement or a guardian ad litem in Michigan, contact a licensed Michigan attorney or the local court.