SLR 5-9.041: SETTLEMENT OF PERSONAL INJURY OR WRONGFUL DEATH CLAIMS; REQUIREMENTS WHEN MINOR CHILD OR INCAPACITATED PERSON APPEARS BY GUARDIAN AD LITEM

REQUIREMENTS WHEN MINOR CHILD OR INCAPACITATED PERSON APPEARS BY GUARDIAN AD LITEM A conservatorship on behalf of the minor child or incapacitated person generally will be required for any case where personal injury or wrongful death settlement proceeds are at issue. (1) Bond and standard annual accounting requirements may be waived if the funds are restricted until the minor attains the age of majority. In lieu of such accountings, the court will require Annual Report of Restricted Funds. (2) Restricted accounts on behalf of a minor child or incapacitated person must be confirmed by a signed acknowledgment from the bank or brokerage firm which discloses the account number, type and account balance as required by UTCR 9.050. Page 22 of 37 Exceptions for diminutive amounts may be requested. (3) Approval of damage settlement amounts for the benefit of a minor child or incapacitated person appearing by a guardian ad litem in a lawsuit, except those cases assigned for trial to a trial department, are a basic responsibility of the Probate Court. The allocation of funds and the structuring of such funds is likewise the court’s responsibility. (4) Minors and incapacitated persons should be provided with independent counsel for such issues and most commonly when a minor’s funds are proposed to be withheld from them after age eighteen (18).