Detailed answer — will you need to attend and what will happen

This section explains, in plain language, how Montana courts typically handle settlements on behalf of minors and what to expect if a hearing is required. This is general information and not legal advice.

When someone sues or reaches a settlement on behalf of a minor, Montana courts usually must approve that settlement before the money can be disbursed to the child. The court’s job is to make sure the settlement is fair and is in the child’s best interests. Whether you (a parent, guardian, claimant, or attorney) must appear in court depends on several factors:

• Size and complexity of the settlement. For modest, uncontested settlements, some Montana courts will accept documents and approve the settlement without an in-person appearance. For larger settlements, or those that involve long-term care, structured payments, or disputes about fees or liens, the court is more likely to require a hearing.
• Whether the court needs factual testimony. If the judge needs testimony to confirm the minor’s injuries, future needs, or the fairness of the agreement, someone will likely be required to appear. That could be the parent/guardian, the minor (depending on age and maturity), counsel, or a guardian ad litem.
• Presence of a guardian ad litem or guardian. If the court has appointed a guardian ad litem or a guardian to protect the minor’s interests, that representative will usually appear and report to the judge. The court may also require the minor or parent to attend so the judge can hear from them directly.
• Local court practice. Procedures and expectations vary by county and by judge. Even if state law allows approval on paper, local practice may favor an in-person hearing.

What typically happens at a hearing:

1. Call and identification. The judge calls the case, confirms parties and counsel, and may confirm the minor’s identity and relationship to the person seeking approval.
2. Explanation of the settlement. The attorney or guardian ad litem will summarize the settlement terms, the total recovery, and proposed deductions (attorney fees, medical liens, litigation costs).
3. Judge’s questions. The judge may ask questions to confirm that the settlement is reasonable, that the minor’s future needs are accounted for, and that no one is taking advantage of the child.
4. Minor’s statement (sometimes). For older or mature minors, the judge may ask a few age-appropriate questions to ensure the minor understands the settlement. For young children, the judge will rely on adults and reports.
5. Order and handling of funds. If the judge approves the settlement, the court will sign an order directing how the funds will be handled — for example, placing money in a blocked bank account, court registry, or approving a structured settlement or trust. The judge’s order will also address payment of attorney fees and liens.

How long the hearing lasts: often 10–30 minutes for straightforward, uncontested matters. Complex cases can take longer or may require multiple hearings.

Who usually attends

Common attendees include the child’s attorney, the parent or guardian, a guardian ad litem (if one is appointed), representatives of lienholders (medical providers, insurers) when their claims are being resolved, and the judge. The minor may attend if the court or counsel thinks it appropriate.

Documents and information to bring

Bring original or certified copies of:

• Settlement agreement and proposed order for court approval
• Claims or proof of injury (medical records or bills), and documentation of any liens
• Identification for the parent/guardian and, if applicable, the minor
• Attorney fee agreements and itemized costs
• Any guardian ad litem reports or evaluations

Also bring contact information for all attorneys and creditors who may have claims against the settlement.

How funds are commonly handled after court approval

Montana judges often protect the settlement funds by ordering one of the following:

• Deposit into a blocked or restricted bank account requiring a court order for withdrawal
• Payment into the court registry
• Creation of a trust for the minor (for example, a minor’s trust or special needs trust)
• Structured settlement annuity for periodic payments

The judge will explicitly state how attorney fees and lien payments will be paid from the settlement before directing disbursement of the balance to the child.

When you might not need to appear

Some Montana courts allow approval on the papers — the judge reviews the settlement documents and signs an order without holding an in-person hearing. This is more likely when:

• The settlement is small and undisputed
• All interested parties, including lienholders, submit written consents or waivers
• The court’s local rules or judge permit approval based on filings

Check with the clerk’s office or your attorney to confirm whether a hearing is required in your county.

Relevant Montana resources

For official forms and local procedures, see the Montana Judicial Branch self-help and forms pages: https://courts.mt.gov/selfhelp. For the Montana Code and statutes, visit the Montana Legislature’s MCA table of contents: https://leg.mt.gov/bills/mca_toc/. Local court rules and practices vary, so contact the county clerk or the judge’s clerk for county-specific guidance.

Helpful hints

• Contact a Montana attorney who handles minor settlements early. They can advise whether a hearing is likely and prepare the necessary documents.
• Ask the attorney how funds will be protected for the child’s benefit (blocked account, trust, or structured settlement).
• Get written estimates of attorney fees and itemized costs before the hearing so the judge can see the breakdown.
• Resolve medical liens and outstanding bills in advance or provide documentation of negotiations for the court.
• Confirm with the court clerk whether the judge requires the minor or parent to appear in person or whether the matter can be handled on the papers.
• Bring proof of guardianship or legal authority to act for the child, especially if you are not the biological parent.
• Prepare for a short hearing: be ready to calmly and briefly explain the settlement and why it’s fair to the child.
• Consider the tax and public-benefits consequences of a settlement; ask your attorney about preserving eligibility for programs such as Medicaid when applicable.