Detailed Answer

When a person under 18 (a minor) has a personal-injury claim in Montana, the court generally steps in to protect the minor’s legal and financial interests before any settlement is finalized. A guardian ad litem (often shortened to “GAL”) is a person the court appoints to represent the minor’s best interests in the litigation and in any settlement proceedings. The GAL’s job is to investigate the claim, advise the court on whether a proposed settlement is fair and adequate for the child, and recommend steps the court should take to protect the child’s money and future needs.

What a guardian ad litem does in a minor injury settlement

• Investigates the facts: reviews medical records, talks with treating providers, examines liability and prognosis.
• Reviews settlement offers: evaluates whether the lump sum or structured payments will meet the child’s foreseeable needs (medical care, education, long-term care).
• Reports to the court: files a written recommendation or appears at a hearing to advise the judge whether to approve the settlement and on what terms.
• Protects the proceeds: recommends how settlement proceeds should be handled (court-supervised trust, blocked account, conservatorship, or other protective device).
• Monitors conflicts: ensures any party with potential conflicting interests (for example a parent who might benefit from control of funds) does not obtain an unfair advantage over the child’s interest.

Can a parent, relative, or other non‑attorney serve as the GAL?

In Montana the court has discretion to appoint a GAL who it believes will properly protect the child’s interests. Courts often appoint an attorney to serve as GAL in complex injury or medical‑expense cases because the role frequently requires legal analysis, negotiation with insurers, and filing pleadings. However, a parent or other relative can sometimes serve as GAL when the court finds no conflict of interest and when the appointment will adequately protect the minor.

Key points about who may serve:

• The court will examine potential conflicts. If the person seeking appointment has interests that diverge from the child’s (for example, financial or custody disputes), the court is likely to appoint an independent GAL.
• When a parent serves as GAL, the court may still require extra safeguards, such as separate counsel for the child or restrictions on how funds are managed.
• Insurance companies and opposing parties sometimes prefer an independent attorney-GAL to avoid later challenges to the settlement.

Typical court process in Montana

1. A settlement is negotiated between the claimant (often through a parent or guardian) and the defendant/insurer.
2. The parties submit a petition to the district court asking the judge to approve the settlement for the minor.
3. The court may appoint or approve a guardian ad litem to review the settlement and report back.
4. The judge holds a hearing or reviews written reports, then decides whether to approve the settlement and how to protect the funds (e.g., blocked account, conservatorship, or other court-ordered measures).
5. If the court approves, it issues an order; the settlement may become effective only once the order is entered and funds are placed under the chosen protective device.

How courts commonly protect settlement proceeds

To prevent misuse of settlement monies and to preserve funds for future needs, Montana courts typically use one of these methods:

• Blocked bank accounts requiring court approval for withdrawals.
• Court‑supervised trusts or conservatorships (formal fiduciary oversight with periodic accounting to the court).
• Structured settlements that pay the child over time.

Practical advice about serving as GAL

If you want to serve as a GAL for a minor injury settlement, expect the following:

• File a formal application or proposed appointment with the court and disclose any relationship to the minor or any potential conflicts.
• Explain your qualifications and how you will protect the child’s best interests. Courts favor appointees who can handle legal and financial issues.
• Be prepared for the court to require separate counsel for the child or to appoint an independent attorney-GAL if the judge doubts your impartiality or capacity.
• Know that courts can and do decline appointments when the court believes children need independent legal protection.

Where to look in Montana law and court rules

Montana’s courts and legislature provide the rules and statutes that guide civil procedure and guardianship matters. For the full procedural rules and statutory text relevant to minor settlements and guardianship, consult the Montana Code Annotated and the Montana Supreme Court rules:

• Montana Code Annotated (MCA) — Montana Legislature
• Montana Supreme Court Rules — Montana Judicial Branch

Because practice and judicial preferences vary by county and by judge, local court clerks and experienced Montana personal-injury or probate attorneys can explain how your local court handles GAL appointments and minor‑settlement approvals.

Helpful Hints

• Do not cash or endorse settlement checks for a minor until the court approves the settlement and the court’s protective order is in place.
• Ask the insurer to label checks to the court-approved payee or to the minor via the court-approved protective mechanism.
• If you are a parent who wants to serve as GAL, fully disclose your relationship and any potential conflicts to the court in writing.
• Consider asking for a court-ordered structured settlement or a blocked account to protect long-term needs like future medical care and education.
• Get professional help: an attorney experienced in Montana minor‑settlement practice can prepare the petition, represent the minor or the GAL, and guide the filing and hearing process.
• Keep records: retain medical records, bills, settlement papers, and a written GAL report for the court’s review.
• Expect costs and fees: the court may permit payment from the settlement for reasonable attorney fees, GAL fees, and court costs; discuss these ahead of time.
• Check public-benefits rules: if the minor receives Medicaid or other public benefits, consult counsel before settling; the settlement may require special handling to preserve benefits.

For specific procedural forms, filing requirements, or statutory references, contact the clerk of the district court in the county where the lawsuit is filed or review the Montana Code and court rules linked above.