Detailed Answer
Short answer: In Texas a guardian ad litem (GAL) is a court-appointed representative whose job is to protect a minor’s best interests in a lawsuit and in any settlement that involves the minor. The court must approve most settlements that release a minor’s personal-injury claim. A GAL is appointed by the judge, will investigate the case, advise the court about whether a proposed settlement is in the child’s best interest, and can recommend how settlement funds should be handled. You can ask the court to appoint you as the GAL, but the judge will consider whether you have a conflict of interest and whether an attorney should serve instead.
What a guardian ad litem does in a minor personal-injury settlement
- Investigates the claim: reviews pleadings, medical records, bills, and other evidence.
- Meets or interviews the child: assesses the child’s needs and any long-term care or treatment likely to be required.
- Communicates with parties: speaks with the child’s guardian(s), counsel, and opposing parties or insurers to gather facts.
- Evaluates proposed settlements: considers whether the lump-sum amount, structured settlement, or other terms protect the child’s future needs.
- Reports to the court and makes a recommendation: submits findings and a recommendation whether the settlement is in the child’s best interest.
- Helps protect funds: may recommend a blocked account, court trust, guardianship, or structured settlement to protect proceeds for the child.
How the court appoints a GAL in Texas
The judge must appoint a guardian ad litem when the court believes a minor’s interest needs an independent representative. The law that governs appointment of guardians ad litem and attorney ad litems in cases involving children is found in the Texas Family Code, Chapter 107, which describes appointment authority and duties for court-appointed representatives. See: Texas Family Code, Chapter 107.
Who may serve as a GAL?
There are two common types of court-appointed representatives in Texas cases involving children:
- Attorney ad litem: an independent lawyer appointed to represent the child’s legal interests. Judges frequently appoint an attorney ad litem in civil personal-injury cases because the attorney can negotiate, draft pleadings, and advocate the child’s position in court.
- Guardian ad litem: a person (sometimes an attorney, sometimes a responsible adult) appointed to look after the child’s best interests. In some counties a non-attorney can be appointed, but many judges prefer an attorney ad litem where a settlement, especially a complex or high-value one, is at issue.
If you want to serve as the GAL you must be appointed by the court. Factors the judge will consider include:
- Are you an attorney licensed in Texas? If so, appointment is common and appropriate for negotiating and defending a settlement.
- Do you have any conflict of interest with the proposed settlement or with the child’s legal guardian? Courts will not appoint someone whose interests conflict with the minor’s.
- Is the proposed appointee qualified to evaluate the child’s medical and future-care needs and to advise the court how settlement funds should be protected?
- Would a neutral, independent attorney better protect the child’s legal rights?
Practical examples
Example 1 — Parent wants to serve: A mother is the child’s natural guardian and the proposed GAL for a minor’s $30,000 auto-injury settlement. The court will review whether the mother’s interests align with the child’s. Often courts still appoint an independent attorney ad litem to avoid any appearance of conflict.
Example 2 — Non-attorney friend asks to serve: A family friend asks to be GAL. The judge may decline if the case is complex or if the friend lacks legal training; the court may instead appoint an attorney ad litem to evaluate the settlement and draft court documents.
Example 3 — Attorney appointment: Parties propose a structured settlement and request court approval. The court routinely appoints an attorney ad litem to review the settlement, confirm its fairness, and recommend how the funds should be invested or protected.
What the court looks for before approving a settlement
- Evidence the settlement fairly compensates the child for past and future damages.
- Documentation of medical expenses, likely future care, and any special needs.
- A recommendation from the GAL or attorney ad litem that the settlement is in the child’s best interest.
- A proposed plan for protecting settlement funds (e.g., blocked account, structured settlement, or court-ordered trust).
If the court approves the settlement, the approval order will typically explain how the funds are to be handled and whether the child needs a conservatorship or guardianship for continued management of funds.
How to ask the court to appoint you
- File a motion or agreed order with the court asking for appointment as guardian ad litem or attorney ad litem.
- Include a proposed order and a sworn statement describing your qualifications and any potential conflicts of interest.
- Provide notice to all parties and the child’s guardian(s) as required by court rules.
- Attend the hearing where the judge will decide whether to appoint you.
When the court will likely decline your appointment
- If you have a direct financial interest that conflicts with the minor’s recovery.
- If you lack the legal training needed to protect the child in a settlement negotiation and the court prefers an attorney ad litem.
- If another qualified, neutral representative has already been appointed.
Important statutory reference: For authority on appointment and duties of court-appointed representatives for children in Texas, see Texas Family Code, Chapter 107: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.107.htm.
Final thought: Courts focus on protecting the minor. If you are willing to serve, you can ask the judge to appoint you, but expect the court to scrutinize your qualifications and any conflicts. In many personal-injury settlements involving minors, courts appoint an attorney ad litem to ensure legal protections and proper handling of settlement proceeds.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney for advice about a particular case.
Helpful Hints
- Before asking to serve, confirm whether the court in your county typically appoints attorneys as GALs for minor injury settlements.
- If you are not an attorney, consider partnering with or recommending an experienced plaintiffs’ attorney so the court sees the child will get legal protection.
- Prepare medical records, bills, school records, and documentation of future care needs to support any settlement recommendation.
- Think about how funds should be protected—blocked account, court-ordered guardianship, trust, or structured settlement—and include your recommendation to the court.
- Disclose any potential conflict of interest in writing when you petition the court for appointment.
- Expect the court to require a written report or recommendation from the GAL before approving any settlement for a minor.
- When in doubt, consult a Texas attorney experienced in minors’ settlements—this protects the child and reduces the risk the court will reject the settlement.