Detailed Answer: What a guardian ad litem does in a minor injury settlement (North Dakota)

Short answer: In North Dakota, a guardian ad litem (GAL) is a person the court appoints to protect a minor’s legal interests in a lawsuit or settlement. The court must approve most settlements that resolve a minor’s personal-injury claim. The GAL evaluates the claim, advises the court about whether a proposed settlement is in the child’s best interests, and may participate in settlement hearings. You cannot act as a GAL unless the court appoints you; parents or relatives can sometimes serve, but courts often appoint an independent attorney or neutral person when there is any potential conflict.

Why a GAL is used in minor injury settlements

Courts protect minors who cannot legally authorize settlements on their own. When a minor has a personal-injury claim, the court typically reviews proposed compromises to make sure the settlement fairly compensates the child for past and future medical needs, pain and suffering, and any long-term impact. A guardian ad litem provides the court with an independent assessment focused on the child’s legal and financial interests.

Typical duties of a guardian ad litem in North Dakota civil cases

• Investigate facts relevant to the claim: medical records, future care needs, and family circumstances.
• Review settlement offers and the evidence supporting liability and damages.
• Meet with the child and the child’s family as appropriate to understand the child’s needs and wishes (when age-appropriate).
• File a written report or recommendations with the court and appear at the hearing to recommend approval, modification, or rejection of the settlement.
• Ensure settlement funds are handled to protect the minor (for example, asking the court to place funds in a restricted or supervised account or set up a conservatorship).
• In some matters, coordinate with social services, medical providers, or financial professionals to protect long-term interests.

Who can serve as a guardian ad litem?

The court must appoint the GAL. Common possibilities include:

• An independent attorney appointed by the court to act as GAL (very common in personal-injury settlements).
• A parent or relative — the court may allow this if there is no conflict and the court believes the parent can fairly represent the child’s interests.
• A neutral, trained volunteer or advocate (less common in complex personal-injury claims).

Because of the potential for conflicts of interest (parents may have competing interests), North Dakota courts frequently appoint an independent attorney to serve as GAL in civil tort cases. If you want to serve, you must be nominated and formally appointed by the court.

Can you personally serve as guardian ad litem?

Yes, but only if the court appoints you. Steps typically include:

1. Someone (a party in the case, an attorney, or the court itself) files a motion requesting appointment of a GAL and naming a proposed person.
2. The court evaluates whether the proposed GAL is appropriate (checks for conflicts, qualifications, and ability to act impartially).
3. If the court finds the appointment appropriate, it issues an order appointing the GAL and describing duties and any required filings.

If you are the child’s parent and you want to serve, the court will examine whether your interests conflict with the child’s. If you are not an attorney and the case involves complex legal or settlement issues, the court will often prefer an attorney to ensure competent legal representation of the minor’s rights.

How the settlement approval process generally works in North Dakota

1. Parties negotiate a settlement or reach a proposed compromise for the minor’s claim.
2. A motion is filed asking the court to approve the compromise and to appoint or acknowledge the guardian ad litem if one is needed.
3. The GAL investigates and files a report or recommendation with the court about whether the proposed settlement is fair and in the minor’s best interest.
4. The court holds a hearing where the GAL and counsel may present evidence or argument. The court then decides whether to approve the settlement and may set conditions (such as how funds must be managed for the minor).
5. When approved, the court may order that funds be placed in a blocked account, trust, or conservatorship until the child reaches majority or as the court directs.

Costs and fees

A GAL’s fees (if the GAL is an attorney) may be paid out of the settlement proceeds, but the court must approve any fee request. The court scrutinizes fees to ensure the minor’s recovery is not unfairly reduced. Ask the court to rule in advance about how fees will be paid when arranging a settlement.

Statutory and rule sources

North Dakota law and court rules provide the authority for courts to appoint guardians ad litem and to protect minors’ settlements. For the code and court rules, consult official state resources:

• North Dakota Century Code and searchable statutes: https://www.legis.nd.gov/cencode
• North Dakota Courts — rules and court procedures: https://www.ndcourts.gov/legal-resources

These sources explain the statutory framework for guardianship, conservatorship, and court supervision of minor settlements. If you need the precise statute for a particular situation, an attorney or the clerk at your local district court can point to the exact provisions that apply.

When the court might refuse to appoint you

Common reasons a court will not appoint a proposed GAL include:

• A clear conflict of interest (for example, the parent’s own financial claim conflicts with the child’s interests).
• Lack of necessary experience or training for the complexity of the matter.
• Evidence the proposed appointment would not protect the minor’s best interests.

If you are considering serving as a GAL — practical steps

1. Talk with the child’s attorney or the party handling the claim to understand why a GAL is needed.
2. If you’re not an attorney but want to serve, consider whether the court is likely to approve you; be prepared to show impartiality and relevant experience.
3. If you are an attorney, prepare a brief CV and a proposed order outlining duties and proposed compensation to submit with the appointment motion.
4. Expect to investigate medical records, consult experts if necessary, and file a written recommendation for the court.
5. If you are appointed, keep detailed time and billing records and avoid actions that could create a conflict of interest.

Practical example: Suppose a 10-year-old is injured in a car crash and the parents and defendant reach a $200,000 settlement. The parties file a motion asking the district court to approve the compromise and to appoint a GAL. The court appoints an independent attorney as GAL, the GAL reviews the child’s records and future care needs, files a report recommending approval with conditions (for example, $150,000 placed in a blocked account for the child’s education and medical care and $10,000 for past medical bills), and the court approves the settlement with those conditions.

Where to get help: If you are unsure whether a GAL is needed or whether you can serve, contact the clerk of the local district court or consult an attorney experienced in North Dakota personal-injury and probate/guardianship matters. If you want to propose yourself as GAL, the attorney handling the matter usually files the motion proposing your appointment and the court decides.

Disclaimer: This is general information and not legal advice. Laws and procedures change, and every case is different. Consult a licensed North Dakota attorney or the district court for advice specific to your situation.

Helpful Hints

• Do not assume a parent automatically serves as GAL—ask the court to confirm the appointment in writing.
• Expect the court to require an independent assessment if the settlement is substantial or the case is complex.
• If you are proposed as GAL, disclose any relationship to the parties and any potential conflicts early.
• Ask the court about how settlement funds will be protected (blocked account, trust, conservatorship) before agreeing to a compromise.
• Keep meticulous records of the minor’s medical needs and future care projections; the court relies on concrete evidence when evaluating a settlement.
• If fees for the GAL are requested from settlement funds, request court approval of the fee schedule up front.
• Contact the district court clerk if you need procedural guidance on filing a motion to appoint a GAL or to approve a minor’s settlement.