Guardian ad Litem & Minor Settlements
Brett Legal, PLLC handles both Guardian ad Litem (GAL) and Approval of Minor Settlements. A Guardian ad Litem (GAL) is critical when a legal matter directly affects the interests of a minor child (a child under the age of 18)
.
When a minor will be receiving proceeds from a personal injury claim such as a car accident or other type of settlement, a court may be required to approve a settlement before the settlement can be finalized. Depending on the amount of the settlement (discussed further below), the court may also need to appoint a Guardian ad Litem to review the proposed settlement.
Florida Statute §744.3025 specifically addresses claims of minors and provides circumstances in which a Guardian ad Litem may or must be appointed before a settlement involving a minor may be finalized.
Guardian ad Litems in Minor Settlement Matters
For settlements involving minors, Florida Statute §744.3025 provides that a court may appoint a Guardian ad Litem before approving certain settlements involving minor children when the court determines that a GAL is necessary to protect the minor's interests. Factors taken into consideration include the nature of the claim, the parties involved in the claim, the amount of the settlement, the minor's circumstances, and how the settlement proceeds are intended to be handled.
On the other hand, the statute states that a GAL MUST be appointed before approval of a settlement involving a minor when the gross settlement equals or exceeds $50,000. This means that when the total settlement amount for the entire claim (not just the minor’s portion of the claim) is $50,000 or more, Florida law requires a GAL.
Petitions for Approval of Minor Settlements in Florida
When a court is required to approve a settlement involving a minor (irrespective of whether a Guardian ad Litem is appointed or not) a Petition for Approval of a Minor Settlement must be filed.
Florida Statute §744.387 addresses the settlement of claims involving a ward or minor and requires court authorization of certain settlements. A court must approve a settlement involving the interests of a minor child if The statute provides that a settlement after an action has been commenced by or on behalf of a ward or minor is not effective unless approved by the court having jurisdiction of the action. This means that if a lawsuit has been filed (no matter how much the case ultimately settles for) the court must approve the settlement. Additionally, if no lawsuit has been filed but the amount of net settlement exceeds $15,000 a court must approve the settlement.
How Brett Legal Helps With Minor Settlement Matters
At Brett Legal, we assist with Petitions for Approval of Minor Settlements in Florida. Our legal team assists lawyers, parents, guardians, and other parties involved in these matters understand the court approval process and prepare the appropriate legal documents for approval by the court.
Silvia Amador Brett, Esq. also serves as a Guardian ad Litem in certain legal proceedings involving minors, including matters involving minor settlements. See Brett Legal's attorney profile. See also, Sixth Judicial Circuit Recognizes Silvia Amador Brett, Esq.
If you need to hire an attorney regarding approval of a minor settlement in Florida or a Guardian ad Litem to evaluate the case on behalf of a minor, Brett Legal can help. Visit our Contact Us Page to contact our office or give us a call at (727) 300-2013.
Disclaimer
Disclaimer: The information provided on this blog is for general informational purposes only and is not intended to be legal advice. The content may not reflect the most current legal developments, and it is not guaranteed to be complete or up-to-date. The information on this blog should not be taken as legal advice for any specific case or situation. You should not act or refrain from acting based on any content included in this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in your jurisdiction. The author expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this blog. If you have any questions about your legal rights or obligations, you should consult an attorney.