Minor Settlement Hearings in Florida: What to Expect and Whether You Must Attend

Disclaimer: This article provides general information about Florida law and common court practice. It is not legal advice. Consult a licensed Florida attorney about your specific situation.

Detailed answer

Overview — why courts get involved

When someone under 18 settles a legal claim (for example, a personal injury claim), Florida courts commonly require approval of the settlement to protect the minor’s interests. The court reviews the proposed deal to ensure it is fair, that attorney fees are reasonable, and that the money will be handled in a way that protects the minor until they reach majority or otherwise become entitled to the funds.

When court approval is required

Although procedures vary by county and by type of case, you will usually need court approval when a settlement releases the minor’s legal claims or when settlement proceeds will be controlled by someone other than the minor. Approval can occur through probate/guardianship proceedings or by a civil court order in the pending lawsuit. For rules affecting how a guardian handles a minor’s property, see Florida’s guardianship statutes: Chapter 744, Florida Statutes (Guardianship). For options that allow transfers to a custodian for a minor, see Florida’s Uniform Transfers to Minors Act: Chapter 710, Florida Statutes (UTMA).

Who typically must attend the hearing

Attorney for the minor (and the attorney for any other parties) — usually required.
The parent(s) or guardian who are signing the settlement — usually present or represented.
The minor — attendance depends on the court. Many courts do not require very young children to appear. For older minors (commonly ages 12–17), judges often want to speak directly to the child in chambers or on the record to confirm understanding.
A guardian ad litem — the court will appoint one if there is a conflict of interest, no parent is available, or the judge thinks an independent representative is needed. A guardian ad litem must attend.

What the court will review at the hearing

At the hearing the judge typically asks for a brief factual record and will evaluate:

Basic case facts and a summary of the minor’s injuries or claim.
The settlement amount and how the parties arrived at it.
How attorney fees and liens (medical, ERISA, Medicare, Medicaid) will be paid.
How the settlement funds will be protected or managed for the minor (guardianship account, trust, blocked account, or structured settlement).
Whether the settlement is in the minor’s best interest.

Typical hearing format and timeline

Most minor settlement hearings are short (often 10–30 minutes). The attorney for the minor or a guardian ad litem will present the petition, summarize the settlement, and propose an order. The judge may ask questions, confirm the minor’s understanding if the minor appears, and then sign an order approving the compromise or require modifications.

Possible outcomes and orders

The court may:

Approve the settlement as presented and enter an order directing how funds will be paid and held.
Approve the settlement but redirect funds into a protected form (court-supervised guardianship, court-ordered trust, or blocked bank account) before the minor can receive them.
Require modifications (reduce attorney fees, adjust distributions to pay liens, or reject the settlement if it is not in the minor’s best interest).

How funds are commonly handled after approval

Common options in Florida include:

Placing funds in a guardianship estate if a guardian is appointed (Chapter 744: Fla. Stat. ch. 744).
Using a trust or structured settlement to provide periodic payments.
Making a transfer to a custodian under the Uniform Transfers to Minors Act (UTMA) (see Fla. Stat. ch. 710).

If you cannot attend

If a parent, guardian, or lawyer cannot attend in person, many courts allow counsel to appear remotely or let the absent party be represented by counsel. In some situations, the court will accept sworn affidavits and decide approval without oral argument. Check local court rules and discuss options with the minor’s attorney well ahead of the hearing.

Hypothetical example

Imagine a 13-year-old injured in a bike accident. The parents and the insurer agree to a $50,000 settlement. The minor’s attorney files a petition asking the court to approve the settlement, showing how medical liens and attorney fees will be paid and proposing that the net proceeds be placed in a blocked account until the minor turns 18. At the hearing, the attorney summarizes the case, the judge asks a few questions, confirms the arrangement protects the minor, and signs an order approving the compromise and directing the clerk or bank to hold the money in a blocked account. Attendance: the attorney and a parent attend, the child may appear or not depending on the judge’s practice.

Helpful hints

Talk to your attorney early about whether a hearing is required in your county and who is expected to attend.
Bring identification for the minor and any person signing on the minor’s behalf (parent or guardian) to the hearing.
Ask your lawyer in advance how medical liens and attorney fees will be paid and how much the minor will actually receive.
Discuss options for protecting the money (guardianship, UTMA custodian, trust, or structured settlement) and ask the court to approve the safest practical option.
If the minor is older, be prepared that the judge may ask the minor, on the record, whether they understand the settlement.
Confirm whether the court requires in-person appearance or allows remote participation. Many courts now permit video appearances but rules differ by county and by judge.
Expect a short hearing but prepare documentation (petition, settlement agreement, proposed order, lien statements) in advance so the judge can review them quickly.
Keep copies of the court order approving the settlement and documentation showing where the funds were placed — you will need those for future accounting or to access funds when allowed.

If you have specific questions about a pending settlement, contact a Florida-licensed attorney who handles minor compromises or probate/guardianship matters. They can explain local practice and represent the minor at the hearing.