GUARDIAN AD LITEM NECESSARY FOR CALIFORNIA CHILD INJURY SETTLEMENT:

An enforceable settlement of a child’s injury case can only be consummated with California court approval per California Probate Code Sections 2504, 3500, 3600, and per California Code of Civil Procedure Section 372.  The entire purpose of having a court-supervised settlement for injured minors in California is to:

  1. Approve and appoint a guardian to help the minor child monitor his or her settlement funds;
     
  2. Ensure the minor’s settlement is fair and equitable to him or her, and receive a court order to obtain the settlement funds;
     
  3. Ensure the minor receives all of his or her settlement funds when they become an adult from unscrupulous parents or third parties;
     
The court process is the best way to approve and monitor a bodily injury settlement for a minor in California.  I have had less than scrupulous parents approach me after their child’s injury was approved by the court, and safely deposited into a bank account, ask me to petition the judge for an early release of part of the settlement funds that do not directly benefit the minor.  Thankfully not every parent has this mindset, but it is sometimes easily forgotten by some parents that the entire process is set up for the benefit of their child; to protect the settlement funds of the child for which he or she received pain and suffering damages.  Remember, an early release of settlement funds is possible but it is highly scrutinized by the courts, and it must directly benefit the minor child.       

Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95.  However, it is free to all California residents, or those injured in a California accident. 
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