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California: Guardian ad Litem in Minor Injury Settlements — Role and Who Can Serve

August 13, 2025 7 min read

What a Court-Appointed Guardian ad Litem Does in a California Minor Injury Settlement

Short answer: In California, a guardian ad litem (GAL) is a court-appointed representative who protects a minor’s legal interests in a civil case and during settlement. A GAL must be appointed by the court; you cannot act as the child’s GAL informally without a court order. Whether you can serve depends on your relationship to the child and whether the court finds any conflict of interest.

Detailed answer — role, authority, and how appointment works under California law

What a guardian ad litem is

A guardian ad litem is a person the court appoints to represent the legal interests of a minor (or a person unable to protect their own interests) for purposes of a particular lawsuit or settlement. The GAL’s job is to make sure the proposed settlement is fair and in the child’s best interests, not to represent the parents or other parties.

Statutory basis

California courts appoint guardians ad litem under the California Code of Civil Procedure. See California Code of Civil Procedure § 372 for the court’s authority to appoint a guardian ad litem: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=372.&lawCode=CCP.

Typical duties of a GAL in a minor injury case

  • Investigate the facts relevant to the minor’s injury and future needs.
  • Evaluate whether a proposed settlement fairly compensates the minor for medical expenses, pain and suffering, lost future earnings, and future care needs.
  • Advocate in court at the hearing to approve or reject a settlement.
  • Recommend how settlement funds should be allocated (e.g., past medical bills, attorney fees, future care, blocked accounts, or structured settlements).
  • Ensure that statutory procedural protections (notice, accountings, and approvals) are followed.

Do courts always appoint separate counsel for the minor?

Not always. Courts may appoint a parent, another responsible adult, or an attorney as the guardian ad litem. Many courts will appoint independent counsel or an independent GAL when there is any potential conflict between the parent’s interests and the child’s interests, or where the settlement is complex or large. The key is that the person appointed must serve the minor’s interests, not the appointing party’s interests.

Can a parent serve as the guardian ad litem?

Yes — a parent can sometimes be appointed as the GAL, but only if the court finds no conflict of interest and concludes the parent will adequately protect the child’s interest. If the parent has any personal or financial interest that could conflict with the child’s recovery (for example, if the parent is a defendant, or if the proposed distribution benefits the parent more than the child), the court is likely to appoint an independent GAL or an attorney for the minor.

Can any other person serve as the GAL?

Potential GALs include relatives, family friends, or attorneys. The court evaluates whether the person is competent, has no adverse interest, and will act in the minor’s best interests. The court may require background information, a declaration, or other evidence about the proposed GAL.

How a settlement for a minor is approved

When parties reach a settlement involving a minor, California courts normally require judicial approval before funds disburse. The court typically holds a hearing where the GAL (or counsel for the minor) explains why the settlement is fair. The judge will review attorney fees and costs, determine whether the settlement adequately compensates the minor, and decide how funds will be handled (for example, lump sum distribution, blocked account, or structured settlement). Your local county court may have local forms and rules for these petitions.

What if you want to serve as the GAL?

If you want to serve as the GAL for a minor injured in California, you must ask the court to appoint you. Steps generally include:

  • Filing a request or application with the court asking to be appointed guardian ad litem for the minor (your local court will have required forms and procedures).
  • Providing the court with information about your relationship to the minor, any potential conflicts of interest, and why your appointment would serve the minor’s best interests.
  • Giving notice of the application to all interested parties (parents, parties to the lawsuit, insurers, and sometimes the minor’s counsel).
  • Attending a court hearing where the judge decides whether to appoint you.

If the court appoints you, you will owe a fiduciary duty to the minor and must put the child’s interests first. The court can remove a GAL who fails to perform duties or who acts against the child’s interest.

Hypothetical example (illustrative)

Imagine a 10-year-old is injured in a car crash. The parents negotiate a $100,000 settlement with the insurer. Because the injured person is a minor, the parties file a petition for the court to approve the compromise. One parent asks to be appointed guardian ad litem. The court reviews whether that parent has any conflict (for example, if they owe debts that settlement money might pay) and may either appoint the parent, appoint independent counsel for the child, or appoint another neutral GAL. At the hearing the GAL explains how the settlement meets the child’s present and future needs, and the judge approves the settlement and orders how the funds will be held and disbursed.

Practical steps if you are considering serving as a GAL

  • Check local court rules and forms. Procedures vary by county; many courts post forms and instructions for minor’s compromise or GAL appointment.
  • Disclose potential conflicts up front. Transparency helps the court assess suitability.
  • Consider whether independent counsel for the minor is advisable. If you have any conflicting interest, the court will likely appoint independent counsel.
  • Be prepared to explain why the settlement is fair and adequate for the minor’s future care and needs.
  • If appointed, keep detailed records and follow the court’s orders about handling funds.

Helpful hints

  • Always assume you cannot act as the child’s GAL without court appointment. Informal agreements between parties do not protect a minor.
  • If you are a parent, be prepared to show the court that your interests align with the child’s. Courts scrutinize parental appointments when money is involved.
  • Expect the judge to review attorney fees and the proposed distribution of settlement proceeds. Judges often reduce fees or direct funds into a blocked account when necessary for the child’s protection.
  • Ask about structured settlements and blocked accounts. For significant awards, these options protect long-term needs and help prevent premature depletion of funds.
  • Hire an attorney experienced in minors’ compromises if you or the child need help navigating the petition, the hearing, or fund management. Even if you wish to serve as GAL, counsel can help prepare the required filings.
  • Bring medical records, billing statements, reports of future care needs, a copy of the proposed settlement, and any correspondence with insurers to the hearing.

Where to get more information locally

County superior courts publish local rules and forms for minor’s compromises and GAL appointments. For the statutory authorization to appoint a guardian ad litem, see California Code of Civil Procedure § 372: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=372.&lawCode=CCP. For county-specific procedures, search your county superior court website for “minor’s compromise,” “guardian ad litem,” or “petition to approve compromise of minor’s claim.”

Final practical note

Serving as a guardian ad litem is a legal appointment with fiduciary responsibilities. Courts take that role seriously. If you are considering serving, prepare to disclose conflicts, submit the required paperwork, and present evidence showing the settlement protects the minor’s present and future needs.

Disclaimer: This article provides general information about California law and procedures related to guardians ad litem and minor settlements. It is not legal advice. For advice about a specific situation, contact a licensed California attorney or the clerk of your county superior court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.