Disclaimer
This is general information about Wisconsin law and not legal advice. Consult a licensed Wisconsin attorney before making legal decisions for a minor.
Detailed Answer
What a guardian ad litem (GAL) is
A guardian ad litem is a person appointed by the court to represent the legal interests of a minor (or another person who cannot adequately protect their own rights) in a specific case. In a minor injury (tort) settlement, the GAL’s role is limited to the issues before the court—primarily evaluating whether a proposed settlement is fair and in the child’s best interest and making recommendations to the judge.
When Wisconsin courts appoint a GAL for a minor injury settlement
When a minor is a party to a civil action or when a third party proposes to settle a claim on behalf of a minor, Wisconsin courts will often require an appointed representative to protect the minor’s interests. The appointment process follows Wisconsin civil procedure and local court practices. The court must be satisfied that the minor’s rights are being adequately represented before approving any settlement. For procedural authority on representation of infants and incompetents, see the Wisconsin statutes on civil procedure (for example, Wis. Stat. § 803.09).
Statute reference (procedural authority): Wis. Stat. § 803.09.
Typical duties of a GAL in a minor personal-injury settlement
- Investigate the claim facts relevant to the minor’s interests (medical records, future care needs, liability and damages).
- Consult with the minor’s treating providers and, when appropriate, meet with the minor and parent or caregiver.
- Review proposed settlement terms, including lump sums, structured settlements, liens (medical, Medicaid), and restrictions on use of funds.
- Assess whether the settlement reasonably compensates for past and expected future losses and is in the minor’s best interest.
- File a written recommendation or appear at a hearing to advise the court whether to approve, reject, or modify the proposed settlement.
- When appointed as an attorney GAL, represent the minor’s legal interests in court proceedings related to the claim.
Who can serve as a GAL in Wisconsin?
Courts generally appoint a GAL who can objectively protect the child’s interests. That person may be:
- An attorney admitted to practice in Wisconsin (common when legal advocacy is required).
- A trained guardian ad litem volunteer or individual with experience, when the issue is primarily fact-finding or recommendation.
Whether a parent, relative, or other non-attorney can serve depends on the county’s rules and whether the court finds a conflict of interest. If a parent’s interests conflict with the child’s (for example, the parent would personally receive settlement proceeds or faces a claim of negligence), the court will usually appoint an independent attorney or neutral GAL.
Can you serve as the GAL for the minor’s injury settlement?
Yes, you can ask the court to appoint you as the minor’s guardian ad litem, but the court will evaluate several factors before deciding:
- Relationship to the minor: Courts scrutinize close family members for potential conflicts.
- Conflict of interest: If you stand to gain financially from the settlement, the court is likely to deny your appointment.
- Competence: The court will consider whether you have the ability and time to investigate the case and advocate for the child’s best interest. If legal issues are complex, the court often prefers a lawyer to serve as GAL.
- Local practice: Some Wisconsin counties require that a GAL in certain civil matters be an attorney or a qualified GAL volunteer.
If you want to serve, file a motion asking the court to appoint you, disclose your relationship to the child and any possible conflicts, and describe your qualifications. The court will review the motion, may hold a hearing, and then decide whether to appoint you.
How the court approves a minor’s settlement
Before approving a settlement involving a minor, the court will typically require:
- A formal petition or stipulation describing the claim and proposed settlement.
- The GAL’s report or recommendation to the court about whether the settlement is fair and in the minor’s best interest.
- Evidence resolving liens or identifying how medical bills, Medicaid claims, and future needs will be paid.
- A hearing in many cases, where the judge questions the parties and the GAL before approving the settlement and entering an order.
After approval, the court’s order may direct how funds are held or disbursed (for example, court-ordered guardianship accounts, structured settlements, or supervised investment accounts) to protect the child’s future needs.
Compensation and costs
A GAL may be paid for reasonable time and expenses the court approves. If the GAL is an attorney, the court may allocate attorney’s fees as part of the settlement or order the parties to cover reasonable GAL costs. The court controls compensation to avoid depleting the minor’s recovery.
Practical steps if you’re considering serving as a GAL
- Ask the plaintiff’s attorney or the court clerk whether the court requires an attorney GAL in your county.
- Fully disclose your relationship to the minor and any potential conflicts in writing to the court.
- Prepare to document your qualifications, the work you will do, and any proposed fees or expenses.
- Be ready for the court to require an independent evaluation or to appoint a different GAL if the judge believes that’s necessary to protect the child.
Helpful Hints
- Get legal advice early. Minor-injury settlements can involve future care needs and liens that affect how fair a settlement is.
- Expect the court to require a written record showing the settlement is fair and that medical and government liens are addressed.
- If you are a parent and have any personal exposure or financial interest, do not assume you can be appointed; disclose everything up front.
- Courts often favor independent counsel when medical expenses are large or future medical needs are uncertain.
- If the settlement includes a structured payment or trust, review the long-term protections for the minor and how funds will be accessed for medical care and education.
- Keep records: medical reports, billing statements, expert opinions about future needs, and all communications about the settlement.
- If the child receives public benefits (Medicaid, SSI), find out how the settlement will affect eligibility and whether a special needs trust is needed.
For procedural language about representation of infants and others who cannot protect their own interests in civil proceedings, see: Wis. Stat. § 803.09. County court rules and local practice often add specific requirements, so check with the circuit court clerk in the county handling your case.
Need help finding a Wisconsin attorney to represent the minor or serve as a guardian ad litem? Contact your county court clerk or the State Bar of Wisconsin lawyer referral service for referrals.