Detailed answer — the role of a guardian ad litem in a minor’s injury claim (New Mexico)

A guardian ad litem (GAL) is a person the court appoints to protect a child’s legal interests when the child is a party to litigation or when a settlement of a claim for a minor’s injury is proposed. The GAL’s core job is to make sure the settlement is fair and in the child’s best interest before the court approves any release of the child’s legal claims or distribution of settlement funds.

Typical duties of a guardian ad litem

• Investigate the circumstances of the injury and the child’s current and future needs (medical, educational, rehabilitation).
• Review medical records, bills, and the proposed settlement terms, including proposed lump-sum payments, structured settlements, or trusts.
• Speak with the child (when age-appropriate), parents or caregivers, treating providers, and attorneys for the parties.
• Advise the court whether the proposed settlement is reasonable and whether it adequately protects the child’s future needs.
• Appear at any court hearing about the settlement and file any written report or recommendation the court requires.
• Help ensure proper handling of settlement proceeds — for example, recommending a blocked account, trust, structured settlement, or appointment of a guardian of the estate if the award is significant.

Why a court requires a GAL or court approval

Courts guard the rights of minors because children cannot legally contract or release claims in the same way adults can. When a guardian or parent negotiates a settlement that affects the child’s property or future recovery, the court typically reviews the arrangement to prevent unfair or improvident settlements. A GAL gives the judge an independent, evidence-based view of the child’s needs and whether the proposed deal is fair.

Who appoints the GAL and where this happens

The district court with jurisdiction over the lawsuit or settlement generally appoints a GAL. The appointment and any required hearing happen in that civil court. For information about New Mexico courts and practice, see the New Mexico Judicial Branch: https://www.nmcourts.gov/.

Can a parent or relative serve as the guardian ad litem?

Short answer: sometimes — but not automatically, and it depends on the circumstances and the court’s view of conflicts.

Common points the court considers:

• Conflict of interest: If a parent or proposed GAL has interests that might conflict with the child’s claim (for example, the parent is a defendant, a potential defendant, or stands to benefit financially in a way that could harm the child’s recovery), the court will likely appoint an independent GAL.
• Neutrality and independence: Courts prefer an independent, neutral GAL when the case involves complex medical needs, disputed facts, or significant sums.
• Availability and qualifications: Some courts look for someone with experience or training in child advocacy, social work, or law, especially in complicated cases.
• “Next friend” vs. GAL: Parents often act as a child’s “next friend” to start or continue a lawsuit. A “next friend” brings the case for the child but is not the same as a GAL appointed to represent the child’s legal interests independently of parental interests. Even if a parent is the next friend, the court can still appoint a GAL to evaluate the child’s best interests.

Practical effect if a parent wants to serve

If you are a parent or relative who wants to serve as GAL, you can ask the court to appoint you. Expect the court to evaluate whether your appointment would protect the child’s interests adequately. The judge may accept your appointment, reject it, or appoint an independent GAL. If the judge accepts you as GAL, you must act in the child’s best interests, not in your own.

How settlements for minors are typically handled

• Court review and approval. The court will often hold a hearing to review the proposed settlement and the GAL’s recommendation before approving any release or disbursement.
• Protection of funds. For larger recoveries, the court may order funds placed in a blocked account, conservatorship, guardianship of the estate, or a structured settlement to protect long-term needs.
• Fee review. The court may also review attorney fees and costs to make sure the child receives fair value.

For statutes and procedural rules that govern guardianship, conservatorship, and related matters, you can search New Mexico law through the Legislature’s website: https://www.nmlegis.gov/. For court practice and self-help resources, see the New Mexico Judicial Branch: https://www.nmcourts.gov/.

Helpful Hints — what to do next if a minor has an injury claim

• Talk to a personal-injury attorney experienced with minor settlements. An attorney will explain the court approval process and help prepare the documents needed for the judge.
• If you want to serve as GAL, file a written motion with the court asking for appointment and disclose any potential conflicts. Provide background on your relationship to the child and any qualifications you have to act in the child’s best interest.
• Collect and organize records: medical records, bills, school and therapy reports, and any documentation of future care needs. The GAL and the court will rely on these documents to evaluate the settlement.
• Be ready for a hearing. Courts usually require testimony or written reports from the GAL, treating physicians, and the attorneys before approving a settlement for a minor.
• Consider how the funds should be handled. Discuss blocked accounts, trusts, or structured settlements with counsel and recommend those options to the court if appropriate.
• Watch attorney fees carefully. Courts often review fee agreements in minor settlements to make sure the fees are reasonable and do not unduly reduce the child’s recovery.