Detailed Answer

Short answer: In Georgia, a guardian ad litem (GAL) is a person the court appoints to protect a minor’s legal interests in litigation or when approving a settlement. The GAL investigates the facts, evaluates whether a proposed settlement is fair and in the child’s best interest, and reports or recommends to the court. A parent can sometimes serve as a GAL, but the court will consider conflicts of interest and may require an independent GAL — often an attorney — when the situation requires neutral, zealous protection of the minor’s rights.

What a guardian ad litem does in a minor injury settlement

Investigates the claim: interviews parties, reviews medical records, and evaluates the strength and value of the injury claim.
Evaluates fairness: analyzes whether the settlement amount and terms reasonably compensate the minor and protect future needs (medical care, life-care costs, lost future earnings, etc.).
Protects the minor’s legal interest: acts to prevent settlements that benefit adults (parents or guardians) more than the child.
Reports to the court: files a written report and recommendation or speaks at a hearing explaining why the settlement should or should not be approved.
Helps structure the settlement: recommends protective steps such as court-approved trust or blocked account for the proceeds, structured settlements, or requirements for court supervision of disbursements.

Why the court may require a GAL

Georgia courts require extra protection for minors because a child cannot independently give informed legal consent to dispose of a legal claim. The court’s goal is to make sure any compromise, settlement, or release is fair and in the child’s best interest before approving it and allowing settlement funds to be distributed or released.

Who can serve as a guardian ad litem in Georgia?

State statutes and court practice focus on the minor’s best interest rather than specifying one single eligible class of people. Typical possibilities include:

One of the child’s parents or the child’s legal guardian — courts may appoint a parent if the parent’s interests align with the child and there is no conflict.
An independent adult (sometimes a relative) chosen because they have no conflict of interest.
An attorney appointed as guardian ad litem — this is common in cases involving significant money, complex facts, or where a conflict might exist between the parent and the child.

In practice, courts often appoint an attorney-GAL in contested or high-value cases because an attorney can evaluate legal issues, negotiate, and advocate in court. If you are a parent and want to serve as GAL, the court will consider whether your appointment would properly protect the child’s interests. If the court sees any risk of a conflict, it likely will appoint an independent GAL or attorney.

How the appointment and approval process typically works

A proposed settlement is reached between the claimant (usually the parent or guardian on behalf of the minor) and the defendant or insurer.
A petition or motion is filed in the appropriate Georgia court asking the court to approve the settlement and, where necessary, to appoint a GAL to review the settlement and act for the child. Approval usually occurs in probate court or superior court depending on local practice and the nature of the claim.
The court will consider the GAL’s investigation and recommendation. The GAL may provide a written report and/or appear at a hearing.
If the court finds the settlement fair and in the minor’s best interest, it will enter an order approving the settlement and may direct how settlement proceeds are handled (e.g., blocked account, trust, or appointment of a conservator/guardian for funds).

Practical considerations — when a parent should not serve

Courts usually decline to let a parent serve as GAL when:

The parent stands to receive money from the settlement (e.g., reimbursement for expenses) that could create a conflict.
There is a dispute between parents, or between the parent and insurer, about the best way to use the settlement funds.
The case is complex or involves long-term future care where an attorney-GAL’s expertise is helpful.

Where to find the law in Georgia

Georgia’s statutes governing guardianship and guardians and wards are contained in Title 29 of the Official Code of Georgia Annotated (OCGA). For further review of statutory language, see OCGA Title 29 (Guardians and Wards) on the Georgia General Assembly website: https://www.legis.ga.gov/legislation/title/29. For information about Georgia courts and probate procedures, see the Council of Probate Court Judges / Georgia courts resource: https://www.georgiacourts.gov/.

Can you serve as the guardian ad litem?

Yes — sometimes. If you are the minor’s parent or legal guardian, you can ask the court to be appointed guardian ad litem. The court will evaluate whether you can fairly and adequately represent the minor’s interests. If you are a non-parent adult who wishes to serve, the court will evaluate your relationship to the child, any potential conflicts, and whether you can advocate effectively for the child’s best interest. If the facts or amount at issue are significant, the court may prefer or require that the GAL be an attorney.

If you want to be appointed: practical steps

Tell your attorney (or the attorney handling the claim) you want to be appointed GAL. If there’s no attorney, consult one before asking the court to appoint you.
File the required motion or petition with the appropriate court asking for appointment as GAL or for approval of the settlement and for the court to appoint a GAL to review it. The exact filing and the court that handles it vary locally — probate or superior court are common venues.
The court will review any conflicts, qualifications, and whether the appointment serves the child’s best interest. Be prepared to answer questions about potential conflicts and your plans for protecting the settlement proceeds (e.g., blocked account, trust).

When to hire a lawyer instead of acting as GAL yourself

Hire an independent lawyer-GAL when the case is high value, facts are disputed, there are questions about future care, or any conflict exists between the child’s and a parent’s interests. An independent attorney can provide a neutral legal analysis and advocacy the court relies on in approving a settlement.

Disclaimer

This article is educational only and is not legal advice. It explains general principles under Georgia law and does not replace consultation with a qualified Georgia attorney about your particular case.

Helpful Hints

Before agreeing to a settlement for a minor, check whether the court must approve the deal; many Georgia courts insist on court approval for compromise of a minor’s claim.
If the settlement involves future medical needs or long-term care, consider structuring payments (trust, structured settlement, or blocked account) to protect funds for future expenses.
If you are a parent who wants to serve as GAL, disclose any potential conflicts to the court up front so the judge can decide whether appointment is appropriate.
Where the settlement is substantial, expect the court to favor appointment of an independent attorney-GAL to provide neutral legal advice to the court and the child.
Keep thorough records: medical bills, lost-wage documentation, and future care estimates to show the court why the settlement amount is or is not fair.
Ask about fees: GALs (especially attorney-GALs) can request compensation; courts will review fee requests as part of approval of settlement or appointment orders.
Consider timelines and statutes of limitation — appointing a GAL and getting court approval takes time; don’t miss filing deadlines.
Consult an experienced Georgia personal injury attorney or probate attorney early — they can explain local court practice and help prepare the petition and proposed orders the court expects.