FAQ: What is the role of a guardian ad litem in a minor injury settlement and can I serve as one?

Short answer: In Minnesota, a guardian ad litem (GAL) is a person appointed by a court to represent a minor’s best interests in litigation or settlement proceedings. The GAL investigates the case, advises the court, and often recommends whether a proposed settlement is fair for the child. Parents often share decision-making authority over a child’s care, but the court may appoint an independent GAL if the court believes the child needs separate representation. Whether you can serve as a GAL depends on who you are, your relationship to the child, any conflicts of interest, and the court’s discretion.

Detailed answer — role, authority, and how the appointment works under Minnesota law

What a guardian ad litem does

• Investigates facts relevant to the child’s legal claim: interviews the child (age and maturity permitting), parents or caregivers, treating providers, and witnesses; reviews medical and school records; and may order evaluations or request expert opinions.
• Reports to the court. The GAL files written reports or makes oral recommendations to the judge about what outcome serves the child’s best interests.
• Recommends whether a proposed settlement is fair and in the child’s best interest. That recommendation helps the court decide whether to approve a settlement or require changes.
• May attend settlement negotiations or hearings. The GAL will often be present at settlement conferences and at the court hearing that approves a minor’s compromise or settlement.
• Explains the options and likely outcomes to the court and to parties, always focusing on protecting the child’s legal and financial interests — not the interests of the child’s parents or other adults.

Legal basis in Minnesota

Minnesota law provides the court authority to appoint guardians and to make protective orders involving minors. See Minnesota’s guardianship and conservatorship statutes: Minn. Stat. ch. 524 (Guardianship and Conservatorship). The Minnesota Judicial Branch also explains court roles involving guardians and conservators: Minnesota Judicial Branch — Guardians and Conservators. These statutes and court rules guide how and when a court appoints a GAL and what duties the GAL carries out in a case involving a minor.

How appointment and court approval of settlements typically work

When a minor has a claim (for example, a personal injury claim), Minnesota courts often require court approval of any settlement to ensure the settlement adequately protects the child. The court will consider the GAL’s report and recommendation when deciding whether to approve the settlement. If the court approves the settlement, it may order that settlement money be handled in a particular way — for example, placed in a restricted account, pay medical liens, or be structured to protect long-term needs.

Can a parent, relative, or friend serve as the guardian ad litem?

Possibly, but the court will look closely at potential conflicts of interest. Key points:

• If the parent’s interests align with the child’s, a parent may ask to act in a representative capacity, but courts often prefer an independent GAL when the fairness of a settlement is at issue or when conflicts exist.
• If a proposed GAL has a personal or financial interest in the outcome (for example, an heir or someone who would receive money from the settlement), the court will likely decline to appoint that person.
• Courts sometimes require the GAL to be a qualified attorney in complex injury cases. In other cases, the court may appoint a non‑attorney with appropriate experience or training, or a court‑appointed attorney for the child (also called an attorney‑guardian ad litem).
• Ultimately the court decides who serves as GAL. The judge’s goal is to choose someone who will independently protect the child’s interests.

How a person becomes a guardian ad litem

1. Someone files a request or motion with the court asking the judge to appoint a GAL (this can be a party, an attorney, or the court itself).
2. The court considers written materials, statements, and sometimes a hearing to decide whether to appoint a GAL and who should serve.
3. If appointed, the court issues an order defining the GAL’s duties and sometimes the scope of authority (for example, to negotiate or finalize a settlement only with court approval).
4. The GAL investigates and files the required reports so the court can decide whether to approve any settlement for the minor.

Payment for GAL services

In many cases, fees for a GAL’s work (and for an attorney‑GAL if one is appointed) are paid from the settlement or court-ordered recovery. The court must approve payment of those fees as reasonable. Expect the court to weigh the benefit of a GAL against the cost to the minor’s recovery.

Practical steps if you think a GAL is needed or you want to serve

• If you are a parent and you are unsure whether to accept a settlement, request that the court consider appointing an independent GAL or an attorney to review the terms before approval.
• If you want to be the GAL, disclose your relationship to the child, any financial interest, and any potential conflicts at the first court appearance. Be prepared to explain why you can act independently and in the child’s best interest.
• If you are not a lawyer and the case involves significant injuries, courts often prefer an attorney‑GAL. If you are a lawyer, the court may still consider whether representation by counsel is necessary.
• Work with the child’s treating providers to obtain records, bills, and prognoses. The GAL’s recommendation should be supported by medical, educational, and other documentation.
• Expect the court to ask detailed questions about how a settlement protects the child’s present and future needs (medical expenses, future care, educational impact, lost earning capacity, etc.).

Helpful hints

• Ask the court for a GAL early if you doubt the fairness of a proposed settlement.
• Keep detailed records: medical bills, therapy notes, school records, and statements about how injuries affect the child’s life.
• Understand the difference between a guardian (who makes broad care decisions for a child) and a guardian ad litem (appointed specifically to protect the child’s interests in a legal matter).
• Expect the court to require clear documentation explaining why the settlement is reasonable and how settlement funds will be used or protected for the child’s future.
• Be transparent about conflicts. A disclosure that the court finds credible helps your chance to be appointed; hidden conflicts will lead to removal and can harm the child’s position.
• If the case is complex, budget for the possibility that the court will order an attorney‑GAL whose fees are paid from the settlement proceeds.

When to get legal help

If you are involved in a minor’s injury claim in Minnesota, consult an attorney experienced with minor-compromise procedures or guardianship matters. An attorney can explain the likely need for a GAL, whether you can serve, and how to present a settlement for court approval. If you cannot afford private counsel, ask the court about free or court‑appointed counsel for the child.

Where to read Minnesota law and court guidance

• Minnesota Statutes — Guardianship and Conservatorship (Chapter 524): https://www.revisor.mn.gov/statutes/cite/524
• Minnesota Judicial Branch — Guardians and Conservators information: https://www.mncourts.gov/Help-Topics/Guardians-and-Conservators.aspx

Disclaimer: This article is informational only and does not constitute legal advice. Laws change and every case is different. If you need advice specific to your situation, consult a licensed Minnesota attorney.