Understanding the Role of a Guardian ad Litem in Rhode Island Minor Injury Settlements

Short answer: In Rhode Island, a guardian ad litem (GAL) is an individual the court appoints to protect the legal interests of a minor during litigation or when a settlement requires court approval. The GAL evaluates the case, makes recommendations to the court about whether the settlement is fair and in the child’s best interest, and may help the court supervise how settlement funds are handled. Parents are not automatically the GAL; a parent can ask to serve but the court decides whether that creates a conflict of interest.

Detailed answer — what a guardian ad litem does and how the process works in Rhode Island

When a child (someone under 18) is injured and a claim is made on the child’s behalf—whether by the child’s parent, a personal-injury lawsuit, or an insurance claim—the court often must approve any settlement that disposes of the child’s claims. The court’s job is to make sure the settlement is fair, reasonable, and in the minor’s best interest.

The guardian ad litem is the person the court appoints to speak for the minor’s legal interests in that process. Typical GAL responsibilities include:

• Investigating the facts relevant to the child’s claim and future needs (medical treatment, long-term care, lost future earnings, etc.).
• Reviewing settlement terms, including how funds will be managed (lump sum, structured settlement, blocked account, or other protective measures).
• Making a written or oral recommendation to the court about whether the proposed settlement is fair and in the child’s best interest.
• Participating in hearings about approval of the settlement and, when ordered, monitoring or reporting to the court about how funds are used for the child.
• In contested matters, advocating for the child’s position independently from parents or other interested parties.

Procedurally, the steps usually look like this:

1. A settlement is reached or proposed for a minor’s personal-injury claim.
2. The parties file a petition with the appropriate Rhode Island court asking for approval of that settlement and requesting appointment of a guardian ad litem (if one has not already been appointed).
3. The court decides whether to appoint a GAL and who that person will be. The court may appoint an attorney, a trained lay guardian, or another qualified individual, depending on the court’s rules and the specifics of the case.
4. The GAL investigates and reports to the court. The court then holds a hearing and decides whether to approve the settlement and set any conditions for handling the funds.

Can a parent serve as the guardian ad litem?

Parents are not automatically disqualified from serving as a guardian ad litem, but courts are careful about conflicts. A parent’s role as decision-maker for a child can conflict with the independent role the GAL must perform. For that reason:

• The court will review whether the parent can act independently and whether appointment of the parent properly protects the child’s legal interests.
• If a parent has interests that could conflict with the child (for example, a dispute with another parent, a caregiver, or an insurer), the court is likely to appoint an independent GAL or an attorney to represent the child instead.
• In many personal injury settlements involving minors, courts prefer an independent attorney or GAL who can provide objective analysis and advocacy at the approval hearing.

Who typically serves as GAL and how are they selected in Rhode Island?

Common GAL appointees include:

• Private attorneys experienced in representing minors in settlements;
• Court-appointed guardians or GAL volunteers where available;
• Occasionally a qualified family member, if the court finds no conflict and the family member is suitable.

The specific practice and appointment procedures depend on the court handling the case (e.g., Superior Court or Family Court) and the judge’s practice. To see Rhode Island’s court rules and procedures that govern representation of minors and appointment of guardians, review the Rhode Island court rules and local procedures available from the Rhode Island Judiciary: https://www.courts.ri.gov/

How the court protects the settlement funds

Even after approval, the court will often require protections for how settlement money is held and spent. Common protections include:

• Blocked or restricted bank accounts requiring court permission for withdrawals;
• Structured settlements or annuities that provide periodic payments rather than a lump sum;
• Court supervision of expenditures for educational and medical needs;
• Periodic accounting to the court by the guardian or trustee managing the funds.

Attorney fees and costs

Courts typically review and approve any attorney’s fees taken from a minor’s settlement to make sure the fees are reasonable and do not unduly reduce money available for the child. The GAL often assists the court in evaluating the reasonableness of fees.

Helpful Hints — How to prepare and what to ask the court or your lawyer

• Confirm whether the settlement requires court approval. If it does, do not accept or distribute funds before court approval.
• Ask if a guardian ad litem will be appointed. If you want to serve as GAL, file a written request and explain why appointment is appropriate and not a conflict.
• Request an independent GAL or children’s counsel if there are any potential conflicts between the parents and the child’s interest.
• Get detailed documentation of the child’s past and expected medical costs, future care needs, and any loss of future earning capacity to present to the GAL and court.
• Discuss options for protecting settlement funds (blocked account vs. structured settlement) and get estimates showing long‑term impacts of fees, taxes, and inflation.
• Ask how attorney fees will be handled and whether the court must approve them. Keep receipts and records for all expenditures from settlement funds.
• Consult an attorney experienced in Rhode Island minor settlements early—even a brief consultation can clarify whether a GAL is required and what protections the court is likely to order.
• Contact the clerk of the court where the petition will be filed for local filing requirements and any mandatory forms or timelines.

Where to look for Rhode Island law and court rules

For specific Rhode Island statutes and court rules, consult the official Rhode Island General Assembly website and the Rhode Island Judiciary site. These sources include statutes and local rules that govern court procedures and appointments:

• Rhode Island Legislature: https://www.rilegislature.gov/
• Rhode Island Judiciary (court rules and procedures): https://www.courts.ri.gov/

Next steps: If you are involved in a proposed settlement for a minor in Rhode Island, consider (1) asking the court clerk whether court approval and a guardian ad litem are necessary, (2) contacting an attorney who handles minor-settlement approvals, and (3) preparing documentation of the child’s needs and anticipated future costs.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consulting an attorney licensed in Rhode Island about your specific situation.