Detailed answer — step-by-step process under South Dakota practice

This explanation assumes a typical civil claim (for example, a personal injury claim for a child injured in an automobile crash) where the parties reach a proposed settlement before a judge approves payment or distribution to the minor. Procedures vary by county and court, but the steps below describe the common courtroom path you should expect in South Dakota.

1. Who may ask for a guardian ad litem?

   Either party (the parents, the minor’s attorney, defense counsel, or the court itself) can request appointment of a guardian ad litem. Courts will appoint a GAL when they believe the minor needs an independent advocate—typically when the settlement affects the child’s legal rights, when there is a conflict of interest with a parent, or when the court needs an objective investigation of the minor’s best interests.

2. Filing the petition or motion

   The party seeking appointment files a written motion or petition with the civil or probate court handling the case. The filing usually explains why a GAL is needed, identifies the proposed appointee (if any), and asks the court to authorize investigation and representation. The filing will also request a hearing to approve a final settlement, if settlement approval is the goal.

3. Who can serve as a guardian ad litem?

   Courts appoint attorneys, trained volunteers, or qualified individuals to serve as GALs. In many civil settlements involving money for a minor, the court prefers an attorney guardian ad litem so the minor receives legal advice and advocacy. The court evaluates the proposed GAL’s qualifications, potential conflicts, and independence.

4. Notice to interested parties

   The court requires notice to all interested parties—usually the minor’s parents or current guardian, every party to the underlying litigation, and sometimes the minor (if old enough). The court’s notice rules control how and when notice is given and who must receive copies of the motion and settlement documents.

5. Investigation and report

   Once appointed, the GAL investigates. The investigation may include reviewing medical records, speaking with treating providers, consulting with damages experts (life care planners or economists), interviewing the minor and family, and reviewing settlement terms. The GAL prepares a written report or presents findings to the court summarizing the minor’s needs and whether the proposed settlement is fair and adequate.

6. Court hearing to approve the settlement

   The court schedules a hearing to consider the GAL’s report and to decide whether to approve the settlement. The GAL presents a recommendation (support, oppose, or request changes). The judge will question the parties, review the agreement, and evaluate whether the settlement is in the minor’s best interests before ruling.

7. Possible court rulings and conditions

   The court can approve the settlement as submitted, approve it with conditions (for example, directing certain funds be placed in a blocked account, structured settlement, or trust), or reject it and send the parties back to negotiate. The judge may also require additional protections such as security bonds, restricted accounts at a bank, or court supervision of disbursements.

8. Distribution and supervision

   After approval, the court issues an order authorizing distribution of settlement proceeds consistent with its ruling. The court may retain jurisdiction to approve future withdrawals or to oversee a conservatorship or guardianship if the child later needs long-term management of funds.

Where to look for South Dakota law and court rules

South Dakota does not use the exact same statutory labels every state uses, so local practice and court rules play a large role. For official statutory text and to research related statutes and procedural rules, consult the South Dakota Codified Laws and the South Dakota Unified Judicial System:

• South Dakota Codified Laws (search for “guardian ad litem,” “guardian,” “minor settlement,” or related terms)
• South Dakota Unified Judicial System (court forms, local rules, and resources)

Important: Because statutes and local rules can govern specific forms, proof, and procedure, ask the court clerk or review local civil and probate rules for the county where the case is filed.

Hypothetical example

Imagine a 10-year-old injured in a car crash. The family and insurer agree on a $120,000 settlement. The defense files a motion asking the court to approve the settlement and asks the court to appoint an attorney guardian ad litem to ensure the child’s future medical and educational needs are protected. The court appoints a GAL, who reviews medical records and recommends approval but asks the court to place $40,000 in a blocked account and use the remainder for current medical bills and authorized expenses. After a hearing, the judge approves the settlement with the GAL’s recommended protections.

Helpful hints — practical guidance when a minor’s settlement is pending in South Dakota

• Start early: If you think a GAL will be needed, raise the issue as soon as possible so the investigation and report can be ready before the settlement hearing.
• Collect records: Medical bills, treatment records, school impact documentation, and expert opinions strengthen the GAL’s review and the court’s decision.
• Propose protections: Suggest specific methods to protect funds—blocked accounts, structured settlements, trusts, or court-supervised accounts—and provide cost estimates for those options.
• Use an attorney guardian ad litem for complex cases: When future medical needs, long-term care, or large sums are at issue, courts often prefer a lawyer GAL because they understand legal and settlement implications.
• Check local rules and forms: Courts sometimes require particular petition forms or language. Contact the county clerk or visit the South Dakota Unified Judicial System website for forms and procedural rules.
• Expect a hearing: Judges will often hold an in-court hearing to ask questions and ensure the settlement is fair before signing an order approving it.
• Consider future guardianship needs: If the child has long-term disabilities, discuss whether a conservatorship or guardianship over the property will be necessary once the settlement is in place.