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Guardian Ad Litem & Structured Settlements

When a minor is involved in selling their future payments or a lawsuit that is pending a structured settlement payment then their is by law a situation where Guardian Ad Litem is involved. a lawsuit where the person or persons are under the age of 18 or the plaintiff or defendant is an incapacitated person who has no legal guardian is then representated by what is called a "next friend" and in most cases an appointed guardian ad litem. The suit may reward a large sum of money but it is often untouchable until the victim reaches 18 years of age.

What this means is the plaintiffs counsel has a guide for the minor (under 18 years of age) who is advising on the transaction for the court and a legitimate proposal on how the money is to be spent is requested and sent to the judge. If the total amount of the settlement is so small then it will not require the "guardian Ad litem".

There are specific cases where the court appoints the "GAL" and it backfires. One such case took place in the 96th district court of Tarrant County, Texas in Case Number 96-1405090-92 back in March of 2001 where Josephine Grillo and Christina Grill a minor who was suing Tom L. Pettielle T.E. Swate & Hary, Milutin & Johns where they were upset that the attorneys in the case and guardian ad litem did not even offer a structured settlement as one of the options for them in moving forward. This lawsuit ended up giving the plaintiff an additional $1.6 million from the Attorneys who did not even offer the settlement payment structure and another 2.5 million or 4.1 million dollars total for them because of not being disclosed of the money benefits for structured payments.

Each state has different legalities for their judicial system and there are a lot of great explanations on the matter for those who reside in the state of Texas that can be seen here  that helps to explain how the process works and what is legally allowed as far as interest bearing accounts and so forth.

If you have any questions on the sale process and need our advice or support if you are under the age of 18 or think that your case may not be approved because of an issue we are glad to help give you more detailed information on the situation.