Overview — when the court appoints a guardian ad litem for a minor’s settlement

When a minor is a party to a lawsuit or a proposed settlement, Montana courts commonly appoint a guardian ad litem (GAL) to protect the minor’s legal interests. The GAL’s job is to investigate the matter, advise the court what is in the minor’s best interest, and participate in hearings involving settlement approval. The court will appoint a GAL if the minor appears to lack adequate representation or when required by law or court rule.

Step-by-step process used in Montana courts

1. Filing the motion or raising the issue:

   A party (often a parent, the minor’s attorney, or the opposing party) files a motion or notice asking the court to appoint a guardian ad litem. The court can also act on its own initiative if it believes the minor is not adequately represented.

2. Service and notice:

   The court requires notice to the minor (through a next friend or guardian), parents or legal guardians, and other interested parties. The notice explains the request for appointment and the hearing date so parties can object or suggest a candidate.

3. Qualifications and proposed appointment:

   The moving party typically proposes a GAL. Courts often appoint an attorney, although some courts may appoint a qualified non‑attorney if the situation allows. The court reviews any proposed GAL’s qualifications, prior work with children, conflicts of interest, and availability.

4. Hearing and appointment order:

   The court holds a hearing (which may be informal) to consider objections, evaluate the proposed GAL, and decide whether appointment is necessary. If appointed, the court issues an order that explains the GAL’s authority and duties and sets compensation or reimbursement terms if applicable.

5. Investigation and report:

   The GAL investigates: interviews the child (if appropriate), family members, medical providers, and treating professionals; reviews pleadings, medical and school records; and consults with attorneys. The GAL prepares a written report or recommendation for the court describing the child’s best interests and whether the proposed settlement is appropriate.

6. Court review of settlement:

   The court reviews the GAL’s report along with pleadings and any objections at a settlement approval hearing. For settlements, the court must determine whether the agreement is fair, reasonable, and in the minor’s best interest before approving it or ordering changes.

7. Protective measures if settlement is approved:

   If the court approves the settlement, it may also order protections for the funds (for example, placing money in a blocked or restricted account, structured settlement, or appointing a conservator or guardian of the estate) until the minor reaches majority or as otherwise directed.

8. Ongoing oversight:

   The GAL may remain involved until the court signs final orders, funds are protected, and the settlement administration is complete. If a conservator or guardian of the estate is appointed, that person will manage the minor’s funds under court supervision.

What the guardian ad litem does and what the court expects

• Investigates factual circumstances relevant to the settlement (medical prognosis, future needs, and earning capacity).
• Meets or speaks with the minor if appropriate for the child’s age and maturity.
• Reviews records and consults experts when necessary.
• Submits a written report and recommendation to the court.
• Advocates for the minor’s best interest at settlement hearings.
• Helps the court decide whether to approve the settlement and whether additional protections for funds are needed.

Relevant Montana authorities and where to look

Montana courts follow state rules and statutes that govern representation, guardianship, and approval of settlements involving minors. For general rules and local procedures, check the Montana Supreme Court rules and the Montana Code through official state websites:

• Montana Judicial Branch (courts.mt.gov) — for rules of civil procedure and court forms.
• Montana Legislature (leg.mt.gov) — to search the Montana Code Annotated for statutes on guardianship, conservatorship, and minor settlements.

If a specific statute or local rule applies in your county, a Montana attorney can point to the precise code sections and local practice.

Common outcomes and protective orders the court may enter

• Approve the settlement as proposed.
• Approve the settlement with conditions (for example, a portion placed in a blocked account or structured payment schedule).
• Require appointment of a conservator/guardian of the estate to manage settlement proceeds.
• Reject the settlement if it is not in the minor’s best interest and order negotiation or a new evaluation.

Helpful Hints

• Start early: ask the court to appoint a GAL as soon as settlement discussions begin if there’s any doubt about adequate representation.
• Provide complete records: GAL investigation runs much faster when medical, school, and billing records are available.
• Know the likely protections: courts commonly require a structured settlement, blocked account, or conservatorship for large awards.
• Expect costs: GALs and court-appointed professionals may request compensation — the court decides who pays those fees.
• Consider separate counsel: in some cases a minor can be represented by an attorney in addition to the GAL; ask the court whether that is appropriate for your case.
• Check local practice: district and county courts may have local rules or forms for requesting a GAL — consult the court clerk or a local attorney.
• Hire a Montana attorney early if you disagree about settlement terms or how to protect settlement funds; they can file necessary motions and represent the minor’s interests in court.