CALIFORNIA INJURED CHILD SETTLEMENT QUESTION: After my injured child receives a bodily injury settlement and it is approved by the court, and the funds are deposited into a "minor's blocked account," can I or the Guardian Ad Litem (GAL) deposit more funds into the blocked account in the future?

This question came up while I was opening a blocked account for an injured child recently and the answer is no.  Once the blocked account is opened with the bank or federally insured institution, it cannot be touched again without court order, or when the injured child reaches the age of majority (18 years old).

Remember, the entire purpose with an injured child's blocked account is to secure the settlement funds for the injured child until they reach the age of eighteen.  This means the account holding the settlement funds must stay secure.  The only way to do this effectively is to make it a requirement that the funds stay secure by court order.  This makes logical sense too. The courts do not want to make adding or deleting funds from the blocked account a simple ordeal. Everything must be reviewed so that any action relating to the blocked account directly benefit the injured child. The rationale for this comes down to us from a public policy stand point meaning that there is a great need to protect the interests of not only minor children, but injured minor children. Unfortunately, in the past there have been unscrupulous parents who have tried to take advantage of their child's injury settlements. To this end, the courts have responded in a way that protects a child's legal interest.

Some parents have forgotten that the funds are their child's settlement funds even though they (the parents) are named as the Guardian Ad Litem. The court is highly protective over an injured child's settlement funds, as it should be.  For more information on this subject, please check out my articles, blogs and other FAQs regarding child injury settlements in California.
 

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. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.