Understanding the Court’s Advocate for a Child in a Personal-Injury Case in South Dakota

Short answer: When a minor is injured and a claim or settlement is at issue, the court may appoint a guardian ad litem (GAL) or otherwise require a court-approved representative to protect the child’s legal and financial interests. Whether you can serve as that representative depends on the court’s assessment of qualifications, potential conflicts of interest, and whether the court prefers an attorney or another qualified adult. This article explains the GAL role, the appointment and approval process in South Dakota, and practical steps if you want to be appointed.

Detailed answer — purpose and duties of the court-appointed representative

A guardian ad litem (GAL) is a person appointed by the court to represent the best interests of a child in litigation or in proceedings involving the child’s legal rights. In the context of a minor’s personal-injury claim or settlement, the GAL’s primary responsibilities include:

• Investigating facts relevant to the claim and the child’s needs (medical prognosis, future care and therapy, education, and long-term expenses).
• Advocating to the court for a settlement or court order that fairly and adequately protects the child’s present and future interests.
• Reviewing settlement terms and recommending whether the court should approve the proposed agreement.
• Ensuring settlement funds are protected (for example, by recommending a structured settlement, court-held funds, a conservatorship, or a bond) and that proper accounting or conservatorship procedures are followed.
• Filing reports and participating in hearings so the judge can make an informed decision about approving a settlement for a minor.

How the court decides whether a GAL is needed

Court involvement is routine when a settlement will extinguish potential future claims by a minor or when substantial money will be placed under court control. The judge will weigh whether the parents can adequately protect the child’s interests or whether an independent GAL is required to avoid conflicts (for example, where a parent’s financial interest differs from the child’s long-term needs).

Who can be appointed in South Dakota?

The court has discretion to appoint a suitable person to serve as the child’s representative. Options include:

• An attorney appointed specifically as guardian ad litem. Courts commonly appoint attorneys in contested cases or when legal advocacy is needed.
• A qualified non-attorney adult (sometimes a relative or other neutral adult) if the court finds them appropriate and there is no legal requirement that the GAL be an attorney for that matter.
• The child’s parent or legal guardian in routine situations where no conflict exists; however, a parent may be disqualified if their interests conflict with the child’s.

South Dakota’s statutes and court procedures governing guardianship, conservatorships, and court supervision of property and settlements are found in the state’s probate and guardianship law (see Title 29A of the South Dakota Codified Laws). A judge will reference applicable statutes and local court rules when deciding appointment, bond requirements, and accounting practices: SDCL Title 29A (Probate and Guardianship). For practical court procedures and forms, consult the South Dakota Unified Judicial System: ujs.sd.gov.

Can you personally serve as the GAL?

Short answer: possibly — but it depends.

The court will evaluate whether you are an appropriate appointee. Factors typically considered include:

• Relationship to the child and any conflict of interest (a parent with a competing financial interest may not be acceptable if that interest conflicts with the child’s long-term needs).
• Your ability to investigate, communicate with medical and legal professionals, and advocate zealously for the child in court.
• Whether the court believes an attorney is required due to legal complexity. In many personal-injury cases, the court prefers an attorney because settlements involve legal rights and complex financial protections.
• Any statutory or local rule requirements (the judge may impose qualifications or require bond or professional credentials).

If you are an attorney, the court is more likely to appoint you provided there is no conflict. If you are not an attorney but are a relative or a trusted adult with relevant experience and no conflict, the court could appoint you in less complex matters — but the court may still require the minor to have independent legal counsel or an attorney GAL to review settlement terms.

Typical process to be appointed and to approve a minor’s settlement

1. File a motion with the appropriate circuit court asking for appointment as GAL or asking the court to approve the settlement and to appoint a GAL. The moving party should include factual support and disclosures of possible conflicts.
2. The court may require background information, a written report, or a proposed recommendation about the settlement terms and how funds will be handled.
3. If appointed, the GAL investigates and files a report recommending approval, modification, or rejection of the settlement.
4. The court holds a hearing to consider evidence, the GAL’s recommendation, and any objections before approving, modifying, or denying the settlement. If the court approves, it will enter an order detailing how settlement funds should be paid, protected, and accounted for.
5. If substantial funds will be held for the minor, the court may require a conservatorship or appointment of a guardian of the estate, and may impose a bond or require structured settlement mechanisms to protect the child’s future needs.

Practical considerations and possible court requirements

• Fees: The GAL may request compensation for time and expenses; the court will approve reasonable fees and costs. If you expect to be paid, disclose that when you ask for appointment.
• Conflict disclosures: Be transparent about any relationship to parties, insurers, or counsel.
• Documentation: Gather medical records, prognosis statements, cost estimates for future care, education, and therapy, and any insurance or lien information.
• Settlement structure: Courts often favor structured settlements, trust arrangements, or court-supervised conservatorships when large sums are involved to protect the child’s long-term needs.

When to consult a lawyer

Because this area involves legal rights, court supervision, and often significant sums, it is usually wise to consult an attorney experienced with minors’ settlements in South Dakota. An attorney can advise whether you are an appropriate appointee, help prepare required filings, and advocate for protections (such as structured settlements or conservatorships) that the court can order.

Helpful hints

• Start by contacting the clerk of the circuit court where the case or claim would be filed to learn local procedures and forms.
• Prepare a written statement describing your qualifications, your relationship to the minor, and any potential conflicts of interest if you want to be appointed.
• Collect full medical records and future-care cost estimates before settlement negotiations conclude; courts want evidence of future needs when approving settlements.
• Expect the court to require clear language about how the settlement will be invested or managed, especially for large awards — think trusts, annuities, or conservatorship accounts.
• If you are not an attorney and the case involves complex legal or financial issues, the court may appoint an attorney GAL or require the minor to have independent counsel — be prepared to work with counsel.
• Ask the court about bonds or insurance if you will handle funds for the child; some courts require a bond to protect the child’s assets.
• Keep detailed records of all expenses and actions taken on the child’s behalf — the court will expect accounting if funds are under court supervision.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. If you have questions about a specific case or whether you can serve as a guardian ad litem, consult a licensed South Dakota attorney or contact the court for guidance.