Detailed Answer

When a minor (someone under 18) is injured and a legal claim arises, Oregon courts typically require special steps to protect the minor’s legal and financial interests before any settlement or release is final. A guardian ad litem (GAL) is a person the court appoints to evaluate the child’s situation and recommend what is in the child’s best interest regarding the claim and any proposed settlement.

What a guardian ad litem does

• Investigates the case facts relevant to the minor’s injury, treatment, and prognosis.
• Reviews settlement offers, medical records, lien obligations (for example, medical providers or insurers who may have a claim against any recovery), and future care needs.
• Meets with the minor and parents or caregivers as needed to understand the child’s needs and viewpoints.
• Reports findings and recommends to the court whether the proposed settlement is fair and adequate for the minor.
• May appear at court hearings and object or support the proposed settlement.
• If the court approves the settlement, the guardian ad litem may propose protections for the money (for example, placing funds into a blocked account, structured settlement, or court-supervised trust) so the funds are used for the minor’s benefit.

How the court uses the guardian ad litem’s work

The court relies on the GAL’s independent review to determine whether the settlement is in the minor’s best interest. The court will not finalize many minor settlements without either a report from a GAL or other forms of protection. Oregon law and court practice prioritize the minor’s long-term interests and full recovery of damages (not just short-term convenience for adults involved).

Who can serve as a guardian ad litem in Oregon?

The court appoints the guardian ad litem, and the answer to “Can I serve as one?” depends on several factors:

• If you are an adult with no conflict of interest and the court finds you suitable, the court may appoint you as GAL. Courts look for loyalty to the minor’s interests, ability to investigate, and impartiality.
• If you are the minor’s parent or caregiver, you can sometimes be appointed, but the court will closely scrutinize any potential conflict. If a parent has a direct financial interest that conflicts with maximizing the child’s recovery (for example, competing claims for medical expense reimbursement or insurance subrogation), the court often appoints an independent GAL or an attorney to represent the minor’s interests.
• Many courts prefer to appoint an attorney as GAL in complicated injury claims because an attorney can evaluate legal issues, negotiate, and present legally informed recommendations to the court. In some situations the court will appoint both a GAL (who investigates the welfare side) and counsel to represent the minor’s legal interests.
• Court rules and local practice vary by county and judge. The court has broad discretion to accept or reject a proposed guardian ad litem.

Practical steps if you want to serve

1. Disclose any relationship to the minor and any potential conflicts of interest in writing to the court and parties.
2. File a motion or consent form asking the court to appoint you as guardian ad litem (procedures vary by county). Include a short statement of qualifications and willingness to investigate and report to the court.
3. Be prepared to investigate the claim, review medical records, talk with treating providers, and prepare a written report to the court that analyzes whether the settlement reasonably compensates the minor for past and future medical care, pain and suffering, and other losses.
4. Attend the court hearing where the judge will consider your appointment and the proposed settlement.

Court approval and protection of settlement funds

Even after a settlement is negotiated, a court often must approve the result and decide how proceeds are managed for the minor. Options include placing funds in a court-supervised blocked account, structured settlement annuity, or a guardianship-managed trust. The court’s approval process protects the minor from inadequate settlement terms or improper use of settlement money.

Where to look in Oregon law and court resources

Oregon statutes and court resources discuss guardianship, conservatorship, and the court’s role in protecting minors. For background on guardianship law in Oregon, see the Oregon Revised Statutes chapter on guardianship and related topics: ORS Chapter 125 (Guardians). For practical information about guardianship and how courts handle protection of vulnerable persons, including minors, see the Oregon Judicial Department resources: Oregon Judicial Branch. Note: local court forms and procedures vary by county; contact the county court clerk or review the local court website for the exact motion and form requirements.

When the court will likely require an independent guardian ad litem or counsel

• Where parents’ financial interests conflict with the child’s recovery (for example, disputes over use of settlement money to repay parents or insurers).
• When the claim involves large sums or long-term future medical needs.
• When liability or damages are complex and require independent legal analysis.

Bottom line

You can sometimes serve as a guardian ad litem for a minor in Oregon if the court agrees and you have no disqualifying conflict. However, courts often appoint an independent GAL or attorney when the case involves potential conflicts, significant money, or complex legal issues. If you are considering serving, prepare a written disclosure, be ready to investigate and report, and expect the court to review your qualifications and potential conflicts carefully.

Disclaimer: This article explains general legal concepts and Oregon practices. It is not legal advice. Consult a licensed Oregon attorney or contact the court clerk for guidance specific to your case.

Helpful Hints

• Before asking to be appointed, make a short written disclosure of who you are, your relationship to the child, any financial interest, and why you can be impartial.
• Check local court rules and forms for guardian ad litem appointment in the county where the case is filed. Procedures differ by county.
• Expect to gather medical records, lien information, billing statements, and any future care estimates. Courts want a clear accounting before approving settlements.
• If the settlement is substantial or the child needs long-term care, recommend a blocked account, structured settlement, or court-supervised trust to protect funds for the child’s future needs.
• Consider whether you should seek appointment as a non-attorney GAL or whether the court should instead appoint counsel to represent the child’s legal interests—attorneys can handle negotiations and complex legal questions.
• If you are a parent, be candid about any competing claims (for example, requests to use recovery to pay household expenses). The court will closely examine such requests for conflicts with the child’s interests.
• Talk early with an attorney experienced in juvenile or personal injury matters to learn how courts in your county treat GAL appointments and minor settlements.
• Remember: the court’s job is to protect the minor. The judge will look for independent, well-documented analysis showing the settlement fairly compensates the child.