Quick answer

When parties reach a settlement that affects a minor, a New Hampshire court may require or choose to appoint a guardian ad litem to represent the minor’s best interests. A party (often a parent, the plaintiff’s attorney, or the insurer) files a petition asking the court to approve the settlement and to appoint a GAL. The court reviews the petition and the GAL’s investigation or report, holds a hearing as needed, and then approves the settlement and the GAL’s fees if it finds the settlement is fair and in the minor’s best interest.

Detailed answer: Step-by-step process

1. Why a GAL is used in minor settlements

A guardian ad litem is a neutral advocate the court appoints to protect a minor’s legal and practical interests where the minor cannot represent themselves. Courts appoint a GAL when a settlement could affect a minor’s financial rights, when a parent’s or caregiver’s interests conflict with the minor’s, or when the court believes an independent review will help ensure a fair outcome.

2. Who asks the court to appoint a GAL?

Any interested party can ask the court to appoint a GAL. Common petitioners include:

• One or both parents;
• The child’s attorney (if one exists);
• The plaintiff’s counsel or defense counsel as part of settlement paperwork;
• The insurer or opposing party in cases where a formal settlement approval process applies.

3. Where is the petition filed?

The petition to appoint a GAL and to approve a minor’s settlement is filed with the court that has jurisdiction over the underlying case. In New Hampshire this will typically be the court handling the claim where the minor is a party. If you need guidance about which court to use, see the New Hampshire Judicial Branch resources: https://www.courts.state.nh.us/.

4. What must the petition include?

Typical contents of a petition to appoint a GAL and to approve a minor’s settlement include:

• Basic facts about the minor (age, guardian/parent names).
• A description of the claim and the proposed settlement terms (amount, payment method).
• Reasons why court approval is necessary (e.g., settlement of a personal injury or wrongful death claim on behalf of a minor).
• Any proposed orders (appointment of a GAL, approval of settlement, distribution instructions, fee requests).
• Supporting documents: settlement agreement, medical records or bills (if relevant), and any proposed trust or escrow documents if the funds will be restricted.

5. How does the court decide whether to appoint a GAL?

The court evaluates whether a GAL is necessary to protect the minor’s best interest. Common factors the court considers include:

• Potential conflict between the minor’s interests and those of a parent or guardian.
• Complexity or size of the settlement.
• Whether the proposed arrangement (e.g., a lump-sum payment or structured settlement) requires oversight.
• Whether the minor already has legal representation or another advocate.

6. Who can serve as GAL?

A GAL is often an attorney experienced with minor settlements, but courts may appoint another qualified adult with training or expertise to represent the minor’s interests. The court looks for someone who can investigate the facts, advise the court objectively, and advocate for what the GAL believes is best for the child.

7. What does the GAL do?

Common GAL duties include:

• Reviewing case files, medical records, and settlement documents.
• Interviewing the minor (where appropriate), parents, treating providers, and any attorneys.
• Investigating whether the settlement fairly compensates the minor and addresses future needs (medical care, education).
• Preparing a written report or recommendation for the court.
• Attending and participating in the court hearing to advocate for the minor’s best interest.

8. Court hearing and approval

The court will usually set a hearing where parties can present evidence and testimony. At that hearing the GAL presents findings and a recommendation. The judge then decides whether to approve the settlement and whether to authorize any requested fees for the GAL or the minor’s attorney. If the court approves, it will enter an order that may include how settlement funds must be handled (for example, placed into a restricted account, structured settlement annuity, or conservatorship).

9. Fees and payment

The court determines reasonable compensation for the GAL and may award attorney’s fees to the minor’s counsel. Courts generally require documentation of time spent and may limit fees to amounts the judge considers reasonable in light of the recovery and the complexity of the case.

10. After the court’s decision

Once the court approves the settlement and issues orders for distribution, the parties must follow the court’s directions for any restricted funds, guardianship or conservatorship steps, or accountings. If a party disagrees with the court’s decision, appellate options may exist but are time-limited.

Relevant New Hampshire resources

For court forms, local filing requirements, or specific procedural rules consult the New Hampshire Judicial Branch website: https://www.courts.state.nh.us/. For the text of New Hampshire statutes and chapter organization see the New Hampshire General Court (Revised Statutes Annotated) index: https://www.gencourt.state.nh.us/rsa/html/.

Helpful hints

• Ask whether the court requires a GAL before you sign any settlement affecting a minor.
• Include complete documentation with your petition (settlement agreement, medical records, proposed orders) to speed the review.
• If a GAL is appointed, expect an independent investigation — plan for interviews and document requests.
• Discuss proposed fund management with the court: blocked accounts, trusts, or structured settlements are common methods to protect future needs.
• Keep receipts and records if the settlement addresses future medical care so the court can later review use of funds if required.
• Get local help: court procedures and forms vary by county and by the court handling the case; contact the clerk’s office or check the New Hampshire Judicial Branch site.