Law Offices of Mark Blane, APC
San Diego California accident attorney Mark Blane discusses what the Guardian Ad Litem is and why it is required in a child injury claim or lawsuit. The Court MUST always approve an injury settlement for a minor child per California law. In fact, a settlement is not official nor retains legal standing until court approval. Mark discusses who he generally uses in the child's family as the Guardian Ad Litem also known as the "GAL." All minor child settlements MUST be approved by the court since children cannot technically engage in contracts [unless they are legally emancipated which is a very rare happening], the court must approve the settlement and assign it to a guardian [GAL], which is usually one of the parents. Mark discusses this aspect of the case with both parents/family members in order to see who can be the best match for this responsibility. The GAL acts as a trustee for the funds on behalf of the minor child. Usually the child will have full access to the funds when he or she turns eighteen years old [which is known as the "age of majority" in California.
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How to Name the Guardian Ad Litem in a CA Child Injury Case