What does a guardian ad litem do in a minor injury settlement, and can I serve?

Short answer: In Mississippi, a guardian ad litem (GAL) protects a minor’s legal interests during litigation and when a personal-injury claim is being settled. The court appoints a GAL or accepts a proposed representative to make sure any settlement is fair and in the child’s best interest. A parent can sometimes act as the minor’s “next friend,” but the court may appoint an independent GAL (often an attorney) if there is any conflict or the court believes independent representation is needed. This is general information, not legal advice.

Detailed answer — how the process works in Mississippi

Why the court gets involved: When a minor has a personal-injury claim, Mississippi courts supervise any settlement that disposes of the minor’s right to recover money. The goal is to protect the minor from settlements that are unfair, too small, or that fail to account for future medical care, lost-earning potential, or long-term needs.

Authority and rules the court follows: Mississippi civil procedure recognizes representation for minors. See Mississippi Rules of Civil Procedure Rule 17(c) for how representatives for minors and incompetents participate in litigation and settlements: Mississippi Rules of Civil Procedure (Rule 17). The local chancery or circuit court will also follow local practices and judicial requirements when approving minor settlements.

Typical steps in a minor injury settlement under Mississippi practice

1. Filing the claim or lawsuit — a parent, guardian, or “next friend” initiates the claim on behalf of the minor.
2. Court supervision — before the minor’s money is finally paid out, the court often must approve any settlement that releases the minor’s claim.
3. Appointment or acceptance of a guardian ad litem — the court may appoint a GAL to protect the minor’s interests. That GAL investigates the facts, consults with medical providers, reviews settlement terms, and files a recommendation or report to the court.
4. Settlement petition and hearing — the parties submit a petition asking the court to approve the proposed settlement, often including medical records, a statement of attorney’s fees and expenses, and the GAL’s report or recommendation. The court holds a hearing or otherwise reviews the record to determine whether the settlement is in the child’s best interest.
5. Distribution order — if the court approves the settlement, it will issue an order directing how proceeds are handled: immediate payments, blocked accounts, structured settlements, or trusts for the minor, and approval of attorney’s fees and liens.

Duties of a guardian ad litem in a minor’s personal-injury case

• Investigate facts relevant to the injury and claim.
• Review medical records and consult with treating providers or independent medical experts when needed.
• Evaluate whether the proposed settlement adequately compensates for past and reasonably anticipated future needs.
• Advise the court by filing a written report, recommendation, or affidavit about the fairness and adequacy of the settlement.
• Advocate for protective distribution mechanisms (blocked accounts, structured settlements, or trusts) when appropriate.
• Appear at settlement-approval hearings and answer the judge’s questions about the minor’s best interest.

Can you serve as guardian ad litem in Mississippi?

Non-attorney family members (parents acting as “next friend”): Parents commonly act as the minor’s representative and may settle a child’s claim as a “next friend.” However, the court will still review and approve the settlement and may decline to accept a settlement negotiated solely by a parent if the judge believes the settlement does not protect the minor’s best interest or if a conflict exists.

Serving as a court-appointed guardian ad litem: Courts frequently appoint attorneys to serve as GALs in contested or significant-value claims because attorneys can investigate, appear in court, and provide independent legal recommendations. Non-attorneys can sometimes serve as guardians ad litem in certain contexts, but many Mississippi courts prefer or require an attorney GAL for complicated injury claims. Whether you may serve depends on:

• Whether you are qualified in the court’s view (legal training and experience are often favored).
• Whether you have a conflict of interest (a parent or beneficiary with an interest adverse to the child’s future recovery is a problematic choice).
• Whether the parties and the court agree that an independent representative is not required.

If you are an attorney: You can ask the court to be appointed as GAL by filing a motion or consenting to appointment. The court will consider conflicts, experience, and whether the appointment serves the minor’s best interest. If appointed, you must carry out the GAL duties professionally and disclose any potential conflicts.

If you are a parent or close relative: You can usually act as the minor’s “next friend” to bring the claim, negotiate, and propose a settlement to the court. But the court may still appoint an independent GAL if fairness or adequacy concerns arise. The judge has the final authority to approve or reject the settlement and to decide whether an independent GAL should be appointed.

Practical considerations the court will evaluate

• Is the settlement amount reasonable for past and expected future injury-related needs?
• Are attorney’s fees and medical liens clearly documented and reasonable?
• Does the settlement protect the minor’s long-term needs (blocked account, structured settlement, or trust)?
• Does the proposed pay-out method prevent misuse of funds and protect the minor’s public benefits, if any?
• Is an independent evaluation (by a GAL or independent counsel) necessary to avoid conflicts and ensure fairness?

If you are considering serving or the minor has a pending settlement — recommended next steps

1. Talk to a Mississippi personal-injury attorney experienced with minor settlements before approving any agreement.
2. If you want to serve as GAL, disclose your relationship to the court and any potential conflicts in writing; file the necessary motion and be prepared to explain why your appointment protects the child’s interests.
3. Collect medical records, bills, and future care estimates to present at the settlement-approval hearing.
4. Discuss safe distribution options (blocked accounts, structured settlements, custodial accounts, or trusts) and present a plan to the court.
5. Be ready for the court to ask questions at a hearing and for the judge to require additional protections.

Helpful Hints

• Always get independent legal advice before signing a settlement on behalf of a minor. Courts expect careful review.
• If you are a parent, you can act as “next friend,” but the court may still appoint a GAL when fairness or conflicts are an issue.
• If you are not an attorney and you want to be the GAL, be prepared that many Mississippi judges prefer an attorney guardian ad litem in personal-injury cases.
• Document all medical expenses, anticipated future care, and the reasons behind the settlement number — judges look for clear justification.
• Ask the court to order funds placed in a blocked account or structured settlement if you expect the child will need protection from immediate dissipation of proceeds.
• Expect the court to review attorney’s fees and medical liens closely; have itemized bills and fee agreements available.
• Bring witnesses or affidavits from treating providers to the settlement hearing if future medical needs are a factor.

Where to read the rule: Mississippi Rules of Civil Procedure (including Rule 17 on representation of minors and incompetents) are available from the Mississippi Judiciary: https://www.courts.ms.gov/rules/rcp/rcp.pdf.

Disclaimer: This article explains general Mississippi practice and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Mississippi attorney who handles minor settlement approvals and guardian ad litem matters.