What a guardian ad litem does in an Illinois minor injury settlement — and whether you can serve

Quick answer: In Illinois a guardian ad litem (GAL) is someone the court appoints to protect a minor’s legal interests in a lawsuit or in court approval of a settlement. The GAL investigates the case, evaluates whether a proposed settlement is fair and in the child’s best interest, and reports or recommends to the court. Courts often appoint an independent lawyer to act as GAL. A parent or relative can sometimes be appointed, but the court will consider possible conflicts of interest and the minor’s best interest before allowing a parent to serve.

What is a guardian ad litem?

A guardian ad litem is a temporary, court-appointed representative whose job is to protect the rights and interests of a person who cannot protect themselves — in this context, a minor (someone under 18). The GAL’s role is limited to the legal matter at hand (for example, deciding whether a proposed personal-injury settlement should be approved) and does not automatically make that person the child’s permanent guardian or financial manager.

Where the law comes from

The Illinois Code of Civil Procedure authorizes courts to appoint guardians ad litem for infants and persons under disability in civil cases. See 735 ILCS 5/2-22 for the statute on appointment and procedures: 735 ILCS 5/2-22 (Ill.). Courts use this authority when a minor is a party to litigation or when the court must approve a settlement on a minor’s behalf.

When will a GAL be appointed in a minor injury case?

If a lawsuit is filed on behalf of a minor, the court commonly appoints a GAL to represent the minor’s interests during litigation.
If parties settle a personal-injury claim for a minor outside of litigation, local practice often requires filing a petition in the circuit court to approve the settlement; the court may appoint a GAL to evaluate the fairness of the proposed deal before approving it.
Court involvement is especially likely when the settlement involves a substantial sum, when parents or guardians have potential conflicts, or when the minor will need long-term management of settlement funds.

Typical duties of a guardian ad litem in these cases

Investigate the facts relevant to the minor’s claim and the proposed settlement.
Meet or communicate with the minor (when appropriate) and the minor’s family.
Review medical records, bills, and other evidence to assess damages and future needs.
Evaluate whether the proposed settlement is fair, reasonable, and in the child’s best interests.
File a written report or recommendation with the court and appear at the hearing where the judge decides whether to approve the settlement.
Propose protective measures for the settlement funds if the court approves (for example, blocked accounts, structured settlements, or a conservatorship/guardianship over the minor’s estate if necessary).

Can a parent, relative, or friend serve as the GAL?

Short answer: sometimes, but not always. The court must assess whether that person can act impartially and protect the minor’s interests without a conflict. Practical points:

If a parent is asking to serve as GAL for the child’s own claim, the court will look closely at any financial or other conflicts. Because parents often control household finances and might directly or indirectly benefit from settlement funds, Illinois courts frequently prefer independent, neutral lawyers or lay guardians with no conflicting interest to act as GALs.
If the parent or relative is the only reasonable candidate and can truthfully disclose conflicts and demonstrate they will protect the minor’s interests, a court may appoint them — but it is less common when substantial money is involved.
Many courts routinely appoint an attorney to serve as GAL. The GAL may be paid from the settlement amount, subject to court approval.

What if you want to be appointed GAL?

If you are considering asking to serve, or the minor’s parents ask you to serve, these are common steps and expectations:

File a motion or written request with the circuit court asking to be appointed as guardian ad litem for the minor in the specific case.
In your request, fully disclose your relationship to the child and whether you have any financial interest in the settlement.
Be prepared for the court to require that the GAL be an attorney in many cases. If you are not an attorney, some courts will still consider a neutral lay person for limited roles, but this varies by county and judge.
The court will evaluate possible conflicts and may hold a hearing. The judge decides who will serve.
If appointed, expect to review records, meet the minor (when appropriate), investigate, prepare a written report, and appear at court for approval of any settlement.

Outcomes courts use to protect settlement funds

Blocked or restricted bank accounts that restrict withdrawals until the minor reaches majority or until a later court order.
Structured settlements that pay the minor over time.
Appointment of a guardian or conservator of the minor’s estate under the Probate Act when ongoing management of funds is necessary.
Allocation of funds for medical liens, future care, and attorney fees with court oversight.

Practical tips if you are involved in a minor’s settlement

Do not sign a final release on behalf of a minor without court approval if the child’s lawsuit was filed or if a court-supervised approval is required by local rules.
Talk to an experienced personal-injury attorney who handles minor settlements to learn local court practice in your county.
If you want to serve as GAL, be fully transparent about your relationship and any potential conflict to the court and parties.
Ask the court to order protective measures for the funds (blocked account, structured settlement, or conservatorship) when large sums or ongoing care are involved.
Expect the GAL to be compensated from the settlement in many cases; the court must authorize payment.

Where to look in Illinois law

The most commonly used statutory authority for appointing a guardian ad litem in civil cases is the Illinois Code of Civil Procedure. See 735 ILCS 5/2-22 for the statute addressing appointment of guardians ad litem for persons under disability, including infants: 735 ILCS 5/2-22.

When to talk to a lawyer

If the settlement involves significant money, ongoing care needs, contested liability, or disagreement among family members, consult an attorney who regularly handles minor settlements in Illinois. They can explain local court procedures, the likely form of court approval, and how the court typically handles GAL appointments in your county.

Helpful Hints

Gather documentation before the GAL investigation: medical records, bills, school records, and any evidence of lost future earning capacity.
Expect a court hearing to approve any settlement for a minor; do not finalize disbursement until the judge signs an order.
If you want to serve as GAL, prepare a written disclosure of your relationship and any financial interests up front — courts appreciate transparency.
Ask about a structured settlement or blocked account early; these protective measures are commonly ordered for minors.
Check local county procedures — judges and counties vary in whether they routinely appoint independent attorney GALs or accept qualified family members.

Disclaimer: This article explains general Illinois procedures and statutes and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Illinois attorney.