Detailed Answer — What a guardian ad litem does in a New York minor injury settlement and whether you can serve

Short answer: In New York, a guardian ad litem (GAL) is a court-appointed representative whose job is to protect the legal interests of a minor (or other person under a disability) when a claim is settled. The court expects the GAL to investigate the claim, review proposed settlement terms, and advise the court whether the settlement is fair and in the minor’s best interests. The court appoints the GAL and decides whether a parent, relative, or independent attorney may serve. You may be able to serve as GAL in some circumstances, but courts commonly appoint an independent attorney rather than a parent because of potential conflicts of interest. For the statutory framework, see CPLR § 1202 and related provisions: https://www.nysenate.gov/legislation/laws/CPLR/1202, https://www.nysenate.gov/legislation/laws/CPLR/1203.

What a guardian ad litem does in a minor injury settlement

The GAL’s role in a settlement for a minor injured in an accident typically includes:

• Investigating the claim facts and damages (medical records, liability issues, future care needs).
• Reviewing the settlement proposal and the proposed allocation of proceeds (how much for pain and suffering, medical expenses, future care, attorney fees, liens).
• Evaluating whether the proposed settlement reasonably protects the minor’s present and future interests.
• Reporting to the court—often by affidavit or in open court—recommending approval or changes.
• Requesting that the court structure the payout if needed (court-ordered blocked account, annuity, periodic payments, guardianship/conservatorship mechanisms) to protect long-term needs.
• Ensuring creditors, Medicaid/Medicare liens, and medical providers are appropriately paid or accounted for before the minor receives funds.

These responsibilities exist because settlements involving minors remove a party’s ordinary ability to approve a full and final release of legal claims; the court supervises that release and the GAL helps the court ensure the protection of the minor.

Where the law says the court must act

New York law requires court supervision of compromises involving infants and those under disability. The Civil Practice Law & Rules (CPLR) provides the procedures for compromises and appointments of representatives in such matters. Read CPLR § 1202 and related sections for statutory language and procedural rules: https://www.nysenate.gov/legislation/laws/CPLR/1202; https://www.nysenate.gov/legislation/laws/CPLR/1203.

Can you serve as guardian ad litem?

Whether you can serve as GAL depends on who you are and the court’s judgment about conflicts and competence:

• If you are a parent: Courts are cautious about appointing a parent as GAL in a settlement of the parent’s own child’s claim because parents may have a conflict between protecting the child’s long-term interests and maximizing short-term family needs. A court may accept a parent only if the court finds no conflict and the parent is able to advocate fully for the child.
• If you are a close relative or friend: The court will evaluate possible conflicts and the person’s ability to act impartially. Relatives are sometimes appointed if no conflict exists and they can adequately protect the minor.
• If you are an attorney: Courts frequently appoint an independent attorney as GAL because attorneys are trained to analyze legal claims and prepare the required court filings. In many cases the court will appoint counsel to serve as GAL and to prepare a report for the judge.
• If you are not an attorney and the court believes the matter requires legal expertise, the court may still appoint a non‑attorney GAL in limited situations, but an attorney may be appointed in addition or instead.

Bottom line: you can ask the court to appoint you, but the judge has discretion. If the judge thinks your appointment would create a conflict or that an independent attorney is needed to protect the minor’s interests, the judge may appoint someone else.

Typical court steps and what to expect

1. File a motion or petition to approve the settlement in the appropriate court (often Supreme Court in the county where the claim arose or where the infant lives).
2. The court may appoint a GAL or accept a proposed GAL and will require information about the proposed settlement (settlement agreement, medical records, itemization of damages and liens, proposed distribution of proceeds, proposed attorney fees).
3. The GAL investigates and files a written report or appears in court to give testimony and recommendations.
4. The court holds a hearing or reviews submissions and then either approves, modifies, or rejects the settlement. If approved, the court signs an order directing distribution of funds and may place funds into a restricted account, order the purchase of an annuity, or require other protective measures.

How settlement funds are usually protected

To protect the minor’s future needs the court may require one or more of the following:

• Blocked (restricted) bank account or “blocked” checking/savings account subject to court withdrawal approval.
• Purchase of an annuity or structured settlement that pays periodic amounts.
• Appointment of a guardian or conservator to manage funds if the minor will need ongoing management after reaching majority.
• Placement of funds in a trust with a trustee and clear distribution terms approved by the court.

Practical advice and procedural checklist

If you are involved in a minor injury settlement and wondering about serving as GAL or how appointment will work, consider these practical steps:

• Talk with the lawyer handling the claim early. Most plaintiff attorneys expect the court will require a neutral GAL report and can advise who is typically appointed in your county.
• Be prepared to provide full documentation: settlement offer, medical records, bills, prognosis for future needs, copies of liens and subrogation claims (Medicaid, health insurers), and birth certificate.
• If you seek appointment as GAL, file a written petition or request and disclose any potential conflicts (family finances, competing claims, relation to parties).
• Expect the court to consider whether an independent attorney should be appointed; if an attorney is appointed as GAL, that attorney may request a fee for services subject to court review.
• Plan for how funds will be managed long-term; bring options (annuity quotes, bank statements for proposed blocked accounts, trust language) to court to simplify approval.

Fees, timing, and common issues

Attorney fees for the plaintiff’s lawyer and the GAL may require court approval. Courts scrutinize contingency fees and any payments from settlement proceeds to attorneys or others. Expect a hearing date and some delay while the court evaluates the GAL’s report and secures protective measures for the child’s funds.

Hypothetical example

Hypothetical: A 10-year-old is injured in a car crash. The family accepts a $200,000 settlement offer. Because the claimant is a minor, the court requires judicial approval. The court appoints an independent attorney as GAL, who reviews medical records and the proposed distribution (medical liens, $30,000 for past medicals, $50,000 for future care, $80,000 for pain and suffering, and $40,000 for attorney fees). The GAL recommends approval but asks the court to place net proceeds in a blocked account and to purchase an annuity to cover future care. The court accepts the recommendation and signs an order approving the settlement and directing the funds be placed in a blocked account with limited withdrawal authority.

When to get lawyer help

Because the court process can be procedural and technical, and because the court must protect the minor’s long-term interests, it is usually wise to consult a lawyer who regularly handles infant-compromise proceedings. A lawyer can explain whether you are likely to be acceptable as GAL, how to present the settlement and protective proposals to the court, and how to handle liens or public-benefit claims.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consultation with a licensed attorney who can advise you about your specific situation under New York law.

Helpful Hints

• Ask early: Raise GAL questions with your attorney at the start of settlement talks.
• Disclose conflicts: If you want to serve as GAL, disclose any financial or familial conflicts up front.
• Bring documentation: Medical records, bills, and lien information speed up court approval.
• Be ready for court oversight: Expect the judge to require protective measures for the minor’s funds.
• Understand fees: Court approval is required for attorney fees and GAL compensation coming from settlement proceeds.
• Consider long-term needs: Propose blocked accounts, annuities, or trusts for future care if appropriate.
• Confirm statute/procedure: Review CPLR provisions on compromises of infants and incompetents: https://www.nysenate.gov/legislation/laws/CPLR/1202.