Overview: When a person under 18 (a minor) is involved in a lawsuit or is about to receive a settlement in Pennsylvania, the court often requires a guardian ad litem (GAL) to protect the minor’s interests. The GAL is an independent decision-maker appointed by the Court of Common Pleas to review the proposed settlement and recommend whether it is fair and in the child’s best interest. The court must approve most settlements for minors before funds are released or decisions are finalized.

Step-by-step process used by Pennsylvania courts

1. Filing the petition to compromise or settle:

   The party seeking to settle a minor’s claim (often through the minor’s parent, guardian, or the plaintiff’s attorney) files a formal petition or motion with the appropriate Court of Common Pleas asking the court to approve the compromise/settlement. This petition usually sets out the facts, the settlement amount, proposed distributions (attorney fees, liens, costs, net to minor), and any proposed guardianship or trust arrangements for the proceeds.

2. Request or order for appointment of a guardian ad litem:

   The court will either order a guardian ad litem be appointed or the petition itself will request that appointment. In many counties the court routinely appoints a GAL for any settlement that affects a minor’s property or legal rights. The appointment can be for a single case (a limited appointment to evaluate and report on the proposed settlement).

3. Selection and qualifications of the GAL:

   In Pennsylvania, a GAL is frequently an attorney admitted to practice in Pennsylvania or another qualified person the court deems appropriate. Local rules may set minimum qualifications or training. The court will name the GAL in a written order and provide the scope of duties (investigate, interview, review medical records, evaluate settlement fairness, and file a report or recommendation).

4. Investigation and report:

   The GAL investigates the case: meets or speaks with the minor (when appropriate), reviews pleadings and medical records, consults with treating providers if needed, reviews the settlement offer, and evaluates whether the proposed division of proceeds (attorney fees, liens, cost deductions, structured settlement or lump-sum) protects the minor’s best interests. The GAL then prepares a written report or recommendation for the judge and may file it with the court and serve it on the parties.

5. Court hearing and review:

   The court schedules a hearing where the GAL’s report, counsel’s justification for the settlement, and any objections are considered. The judge examines whether the settlement is fair, reasonable, and in the minor’s best interest. The court may ask questions of counsel, the GAL, or the parties before ruling. In many cases the court will only approve the settlement if the GAL supports it or if the court otherwise finds it adequate to protect the minor.

6. Court order approving settlement and distributing funds:

   If the court approves, it issues an order that commonly: (a) approves the settlement, (b) authorizes payment of attorney fees and lien resolutions, and (c) directs how the net proceeds are to be handled—e.g., paid to a parent as custodian under the Uniform Transfers to Minors Act (UTMA), deposited into a blocked account, paid into a guardianship or trust, or structured as an annuity. The court may require that funds be held in a blocked account at a financial institution until the minor reaches majority or that a guardian of the property be appointed to manage the funds.

7. Follow-up and enforcement:

   The GAL may be required to confirm that the settlement distribution occurred as ordered. If the settlement terms or financial management change, additional petitions or court approval will usually be required.

Who pays the guardian ad litem?

Payment for the GAL’s work varies. Sometimes the court orders the parties to split the GAL’s fee, or the fee is paid from the settlement proceeds. Local rules and judicial discretion guide payment decisions. Counsel should disclose expected GAL fees in the petition so the court can address payment when it approves the settlement.

Where the court gets its authority

Pennsylvania trial courts (Courts of Common Pleas) treat minor-compromise petitions under the state’s procedural and probate rules. Local rules and state law guide how courts appoint GALs and approve settlements. For an overview of Pennsylvania’s procedural rules, see the Pennsylvania Rules of Civil Procedure: https://www.pacourts.us/learn/rules-of-court/rules-of-civil-procedure

For broader statutory guidance on guardianship and fiduciary matters, see Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20

Common scenarios and examples

• If a 10-year-old injured at school reaches a $50,000 settlement, the court may appoint a GAL to review whether the entire amount being paid to the parent is appropriate and whether a blocked account or trust should hold the funds until the child turns 18.
• When medical liens and attorney fees consume much of a proposed settlement, the GAL examines whether the net benefit to the child justifies the deal and may recommend negotiated lien reductions or alternative distributions.
• For catastrophic injuries with long-term care needs, the GAL will pay special attention to structured settlements or guardianship of the property so funds last and are spent in the child’s best interests.

Timing and practical impact

Appointing and completing a GAL review can add several weeks to months to the settlement timeline, depending on the court’s schedule and the complexity of the case. Expect additional time if the court requires medical examinations, lien resolution, or trust drafting.

When is a GAL not required?

Some routine or very small settlements might not require a GAL, depending on local practice and judicial discretion. However, because courts generally protect minors’ property interests, many judges will still appoint a GAL or otherwise require review before approving a settlement that affects a minor.

What paperwork and information the court typically wants

• Petition to approve the settlement or compromise
• Proposed order approving settlement
• Itemized settlement statement showing gross recovery, attorney fees, costs, and liens
• Copies of medical records and bills supporting damages
• Written consent or statements from parents/guardians (if applicable)
• GAL report or recommendation (when appointed)

Finding more information and local rules

Local Court of Common Pleas rules govern practice in each county. Check the county court’s website or contact the prothonotary for local filing requirements and forms. Helpful statewide resources include the Pennsylvania Unified Judicial System: https://www.pacourts.us/

Disclaimer

This article summarizes general information about the guardian ad litem appointment process in Pennsylvania and is not legal advice. Laws, rules, and local practice vary. Consult a licensed Pennsylvania attorney or the Court of Common Pleas in the county where the case will be filed to get advice tailored to your situation.

Helpful Hints

• Ask whether your county requires a GAL for any minor-compromise petition and about local procedures before filing.
• Include a clear, itemized settlement allocation in your petition so the court can evaluate attorney fees and liens quickly.
• If possible, negotiate lien reductions and fee agreements before petitioning the court; courts favor settlements that leave meaningful net recovery for the child.
• Discuss options for holding funds (blocked account, UTMA, trust, or guardianship) and propose a plan in the petition so the judge can approve distribution at the same hearing.
• Expect the court to prefer an independent attorney GAL or trained advocate rather than a parent acting without court appointment when a settlement is significant or complex.
• Be transparent about GAL fees and offer a proposed method of payment in your petition—many judges will allocate GAL costs from the settlement proceeds.
• Plan for added delay: obtaining records, a GAL report, and a court hearing often takes weeks to months, especially in complex or high-value matters.
• If you are the minor’s parent or counsel, consult local forms or an attorney familiar with minor settlement practice to avoid common procedural mistakes.