What a Guardian ad Litem Does in a Minor Injury Settlement (South Carolina)

Short answer: A guardian ad litem (GAL) is a court-appointed person who protects the legal interests of a minor in litigation or settlement. In South Carolina the court must be satisfied that any settlement for a minor is fair and in the child’s best interest; a GAL is the officer the court relies on to investigate, represent, and advise the court about those interests. A parent can sometimes serve as GAL, but the court will not appoint a person who has a conflict or whose appointment would not protect the minor.

Detailed answer — Role, duties, and how appointments work in South Carolina

When a minor is injured and a civil claim or lawsuit is pursued, the law treats the minor as a protected party because they cannot legally make certain decisions (like settling a claim) on their own. A guardian ad litem acts as the minor’s advocate before the court during litigation and at the time of settlement. Key duties of a GAL include:

• Investigating the child’s interests and the facts of the case.
• Reviewing medical records, bills, and future care needs to estimate a fair settlement amount.
• Interviewing the child (when appropriate), parents, caregivers, treating providers, and attorneys.
• Negotiating or evaluating settlement offers and advising the court whether a proposed settlement is fair and in the child’s best interest.
• Filing reports, motions, and appearing at hearings so the court can evaluate and approve settlements.

South Carolina court practice requires that settlements involving minors receive special scrutiny. The court will either appoint or accept a GAL’s recommendation to ensure the settlement adequately compensates the minor for past and future medical needs, pain and suffering (where recoverable), lost future earnings (rare for young children), and to address any long-term care or monitoring needs.

The South Carolina Rules of Civil Procedure address representation and capacity issues for minors and incompetent persons. See Rule 17 (Real Party in Interest; Minors and Incompetents) of the South Carolina Rules of Civil Procedure for the procedural framework courts use when someone sues or settles on behalf of a minor. The South Carolina courts use these procedures when deciding whether to appoint a GAL and how to handle settlements: https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=17

Can I serve as guardian ad litem for the minor?

Short answer: Maybe — but it depends. The court has final authority to appoint a GAL and will consider whether a proposed GAL has any conflict of interest, whether that person can independently protect the child’s interests, and whether the appointment promotes the child’s best interest.

Practical points about who can serve:

• If you are a parent or legal guardian: courts sometimes appoint a parent to serve as GAL, but the court will carefully review whether the parent’s interests conflict with the minor’s. A parent who is a defendant, co-defendant, or whose insurance or conduct is at issue will often be considered conflicted and will not be appointed.
• If you are an attorney: courts frequently appoint attorneys to serve as GALs because attorneys can file pleadings, conduct discovery, and present evidence at hearings. An attorney-GAL gives the court a clearer legal assessment of settlement fairness.
• If you are a relative or friend: the court may appoint a neutral adult without legal training in less complex matters, but this depends on the facts and the court’s comfort that the person will safeguard the minor’s interests.
• Disclosure and vetting: any candidate should fully disclose their relationship to the child, potential conflicts, and any interest in the outcome. The court often requires a written motion, proposed order, and sometimes a short hearing before appointment.

If you want to serve as GAL, you should be prepared to show the court that you are unbiased, available to investigate, willing to file necessary paperwork, and able to act solely for the child’s benefit. If you lack legal training, courts may still appoint you for simple matters but often prefer a lawyer when the settlement involves complex medical or future-care issues.

How the appointment and settlement approval process usually works

1. Filing a motion: A party files a motion asking the court to appoint a GAL or to approve a proposed GAL and settlement. The motion should describe the injury, proposed settlement terms, and identify the proposed GAL.
2. Investigation: The GAL investigates the claim, reviews records, and may consult experts to evaluate future needs and damages.
3. Report and recommendation: The GAL presents a written or oral report to the court describing whether the settlement is fair, adequate, and in the child’s best interest.
4. Hearing and approval: The court holds a hearing (often required) where the GAL explains the basis for recommending approval. The judge then approves, denies, or modifies the settlement terms and enters an order directing how settlement funds will be handled (for example, requiring funds be placed in a blocked account, structured settlement, or conservatorship).

Courts commonly require protective mechanisms for settlement funds, such as blocked bank accounts, structured settlements, annuities, or establishment of a conservatorship under probate rules. These steps help ensure funds are used for the child’s benefit over time.

Practical tips if you are considering serving as GAL or are involved in a minor’s injury settlement

• Do not assume you can sign settlement documents for a minor without court approval.
• Disclose any relationship or financial interest to the court immediately; nondisclosure can lead to the court rejecting the appointment or later undoing a settlement.
• Expect the court to require documentation: medical records, bills, expert opinions on future care, and a proposed plan for handling settlement funds.
• Consider asking the court to appoint an attorney-GAL if the injury involves significant future medical needs, long-term care, or complex issues; courts prefer legal representation in complicated settlements.
• Be ready to explain whether settlement proceeds should be placed in a blocked account, used to purchase an annuity, or placed under a conservator’s or guardian’s control.
• If you are a parent: ask your attorney whether the court would prefer an independent GAL to avoid any appearance of conflict.
• Get legal advice: even if you plan to serve as GAL yourself, consult a lawyer for guidance on court filings, required disclosures, and settlement structures the court will accept.

Where to look in South Carolina law

South Carolina courts use the Rules of Civil Procedure and probate/guardianship statutes and orders to govern appointments and fund protections. See the South Carolina Rules of Civil Procedure for the procedural baseline regarding minors and incompetents: https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=17

For probate and guardianship mechanisms that may affect how the court protects settlement funds, consult the South Carolina Code of Laws and local probate practice (Title and chapter references related to guardianship and conservatorships are available via the South Carolina Code on the state legislature website): https://www.scstatehouse.gov

Helpful Hints

• Start the GAL appointment process early if you expect a settlement — courts need time to review reports and schedule hearings.
• Keep thorough records: medical bills, expert opinions, and documentation of ongoing care needs are critical to justify settlement amounts.
• If settlement funds are large or the child has long-term needs, expect the court to require professional management (an annuity, blocked account, or probate conservatorship).
• Be transparent about costs and fees. Courts will review attorney or GAL fees to ensure they are reasonable relative to the benefit to the child.
• If you are not an attorney and the case is complex, ask the court to appoint counsel for the minor or consider hiring an attorney to serve as GAL.
• Remember: the court’s job is to protect the minor. Even well-intentioned parents or relatives can be rejected as GAL if the judge finds potential conflicts or inadequate protection.

Disclaimer: This article provides general information about guardians ad litem in South Carolina and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a licensed South Carolina attorney who handles minor‑injury settlements.