FAQ: What does a guardian ad litem do in a minor injury settlement, and can I serve as one?

Short answer: A guardian ad litem (GAL) is a court-appointed representative whose job is to protect a minor’s legal interests during litigation and settlement. In Colorado, parents often act as the minor’s “next friend” to pursue or settle claims, but the court can and frequently will appoint a GAL (often an independent attorney or other qualified person) if it believes the minor needs independent protection or if a conflict exists. Whether you can serve depends on your relationship to the child, whether you have a conflict of interest, and the court’s judgment.

Detailed answer — What a guardian ad litem does in a Colorado minor injury settlement

A guardian ad litem is appointed by a court to represent the best interests of a minor during litigation, settlement negotiations, and final approval of any compromise. Key duties include:

Investigate the facts: Review medical records, police reports, school or daycare reports, and other evidence to understand the child’s injuries and future needs.
Evaluate the proposed settlement: Analyze whether a settlement fairly compensates the minor for past and future medical expenses, pain and suffering, future care, therapy, and any long-term disability.
Advise the court: File reports or testify at a hearing recommending approval, modification, or rejection of a proposed settlement.
Protect settlement funds: Recommend how settlement proceeds should be handled—e.g., lump sum with a protective account (blocked account), a structured settlement, or appointment of a conservator—so funds support the child over time.
Appear in court hearings: Attend the settlement/compromise hearing and answer the court’s questions about whether the proposed disposition is fair and in the minor’s best interest.

The court’s appointment of a GAL ensures an independent voice focused solely on the minor’s best interests. Courts look closely at settlements involving minors because minors cannot legally give full consent to releases and because parents’ interests may sometimes diverge from a child’s long-term needs.

Colorado law and procedure — where the GAL fits

Colorado handles representation of minors in civil cases under its rules of civil procedure and probate/guardianship statutes. The Colorado Rules of Civil Procedure address actions involving persons under disability and the need for appropriate representation (see the Rules of Civil Procedure for guidance on litigating for minors). You can read Colorado’s civil procedure rules, including provisions about representing minors and persons under disability, from the Colorado Judicial Branch rules collection: Colorado Rules (Judicial Branch). For broader guardianship and conservatorship law, see the Colorado Revised Statutes and the legislative site for searching statutes: Colorado Revised Statutes.

In practice the court will want evidence that the settlement is reasonable and in the child’s best interest before approving any release. That often includes a hearing and a written report or recommendation from the GAL or counsel appointed for the minor.

Can you serve as a guardian ad litem in Colorado?

Short answer: Maybe — it depends.

Who typically can serve?

Parent or legal guardian acting as “next friend”: Parents commonly initiate or continue litigation on behalf of their minor children and can be the child’s representative in many cases. Courts sometimes accept a parent as the child’s representative when the parent’s interests align with the child’s and there is no conflict.
Court-appointed guardian ad litem: When the court perceives a conflict of interest, insufficient advocacy, complexity, or a need for independent review, it will appoint a GAL. The GAL may be an attorney or another qualified adult the court finds appropriate.
Independent attorney for the child: In many cases the court appoints independent counsel to represent the child’s legal interests rather than a lay GAL.

Situations where the court is more likely to appoint an independent GAL or attorney include:

Disputed liability, where the defendant argues the parent caused the child’s injury (potential parental fault).
Settlements that include significant sums or non-monetary terms (e.g., long-term care arrangements).
Conflicts between the parent’s interests (insurance recovery, custody disputes, or other litigation) and the child’s future needs.
When a parent or proposed representative lacks the experience to evaluate complex medical or future-care needs.

If you are a parent, you can often act as the child’s next friend initially. But the court may still require a separate GAL or independent attorney to review and recommend whether the settlement is fair before entry of a final order approving the compromise.

Can a non-parent (friend, relative) serve?

A non-parent can serve as a guardian ad litem if the court appoints them and finds they can adequately represent the child’s best interests. The court evaluates qualifications, potential biases, and conflicts before appointment.

Will the court let a parent or non-attorney GAL sign the final release?

Even if a parent has acted as next friend, the court may require independent counsel or a GAL to file an affidavit or appear at the hearing. The court must be satisfied the child’s rights are protected before signing off on releases. Expect the court to issue an order approving the settlement and directing how funds are to be handled (e.g., blocked account, conservatorship, structured settlement).

Practical steps if you want to serve or will appear as a GAL

Disclose relationship and potential conflicts: If you are the parent or a relative, tell the court and parties about your relationship and any potential conflicts.
Be prepared to be qualified: Courts may prefer an attorney GAL for complex cases. If you are not an attorney, you should still be ready to gather records and explain why you can protect the child’s interests.
File the right paperwork: Ask counsel or the court clerk about the petition or motion to appoint a GAL or to appear as next friend. The court may require a formal appointment order.
Document the child’s needs: Collect medical bills, future care estimates, school or therapy plans, and expert opinions addressing lifetime costs to help the court evaluate any settlement.
Expect a hearing: Courts often hold a hearing to approve settlements for minors. Be prepared to explain why the settlement is fair and how the child’s future will be protected.
Plan for how funds will be managed: The court may require blocked accounts, trusts, conservatorships, or structured settlements to prevent misuse of significant settlements.

Common questions and quick answers

Does the court always appoint a guardian ad litem?

No. Courts use discretion. They will appoint a GAL when there is risk that the minor’s interests are not fully protected, when conflicts exist, or when cases are complex.

Will the GAL be paid?

Yes. Courts commonly authorize reasonable GAL fees, which may be paid from the settlement proceeds subject to court approval.

How long does the process take?

Timeframes vary. Simple settlements with minor sums may be quick. Complex cases with substantial future-care needs can take longer because the court may want detailed evidence and protective measures for the funds.

Helpful hints

Do not sign releases or accept settlement checks on behalf of a minor without court approval—doing so can void protections the court would otherwise order.
If you are the parent and the case is substantial, expect the court to want independent review; budget for GAL or counsel fees to be paid from the settlement.
Gather comprehensive records: medical records, bills, prognoses, school reports, therapy plans, and expert cost estimates for future care.
Consider structured settlements or blocked accounts for sizable awards; the court may require them to ensure long-term protection.
Ask the judge or clerk early what paperwork is needed to get a guardian ad litem appointed or to get court approval of a settlement.
Consult a Colorado-licensed civil or personal-injury attorney experienced with minor settlements; they can explain how local courts typically handle GAL appointments and settlement approval.

Where to find official Colorado resources

Colorado Rules and court procedure: Colorado Judicial Branch — Rules
Colorado Revised Statutes (statute search and text): Colorado Revised Statutes

Disclaimer: This article is informational only and does not constitute legal advice. Laws and court practices change. For advice about a specific case, consult a Colorado-licensed attorney who handles minors’ settlements and guardian ad litem appointments.