QUESTION
Will my daughter have to have a GAL to handle her money and why not me her legal mother?
Asked on Oct 23rd, 2012 on Personal Injury - New Jersey
More details to this question:
My eight-year old and I were involved in car accident. She broke her left leg three times and ankle. I was not seriously injured. As a mother, I was worried about my daughter. We stayed a week in hospital and I hired a lawyer but I think he’s lying to me. My 2011 Toyota was totalled and I had not received a check for anything.
14 ANSWERS
Ronald A. Steinberg
There are a lot of "legal mothers" and "legal fathers" who steal their kids' money. So, the answer is that most states require someone to administer the money AND report to the court annually, so they can make sure that the kids' money is there when the kid becomes an adult. If there is enough money involved, it can be put into a Structured Settlement, so the kid cannot receive any money before reaching adulthood. That will prevent the "legal parents" from stealing the money, and will eliminate the need to pay a GAL.
Answered on Oct 30th, 2012 at 10:02 PM
Assault Attorney serving Richardson, TX
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The guardian ad litem will need to approve the settlement in court. Depending on the amount the court may require a trust be set up for her benefit.
Answered on Oct 26th, 2012 at 9:43 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The court will put your daughters funds on deposit til she is 18. You will have nothing to say about it. if you don't trust your lawyer find one you can trust. Don't go round calling your lawyer a liar. Find one you trust. He is probably not lying he is probably not explaining things so you can understand what is going on. But in any event find one you can trust.
Answered on Oct 26th, 2012 at 5:21 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you settle for more than 2,500.00 a hearing is required to approve the settlement. I would have to look up the statute to tell you if a GAL is required for that hearing. If s lawsuit is filed, you do need a GAL. The GAL is usually a parent of the child. You may need to clarify with your attorney whether he/she is handling the property damage claim on the Toyota. Property damage claims are usually handled separately from injury cases. Usually the client handles their own property damage claims as the client can usually get it done faster (you can harass the adjuster every 10 minutes, which your attorney cannot unless you want to pay the attorney to be his/her exclusive client), and you normally do not want to pay 1/3 of what it costs to fix replace your car to the attorney.
Answered on Oct 26th, 2012 at 5:20 PM
In order to proceed to Court or have a court approve a compromise of minor's claim (if suit has been filed or not), a GAL (guardian ad litem) will have to be assigned to represent the child in court. It can be a parent or it can be someone else. However, once the settlement is approved, the money is placed in a blocked interest bearing account to be kept there until the child turns 18, then it is the child's money. If there are needs, such as medical needs which cannot be met by insurance, then sometimes the money can be used for that.
Answered on Oct 26th, 2012 at 9:10 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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I hope your daughter is recovering nicely. In Oregon, a GAL is the appropriate way to retain an attorney for a minor, otherwise there is not a valid contract. A parent is often appointed as the GAL for their children. Once a case is ready to be either settled of a successful result has been obtained through a trial or arbitration a Conservator needs to be appointed to keep track of the funds. This can be a parent, but is not always one because sometimes a parent cannot get bonded because of either prior financial issues or maybe a criminal record etc. If you believe your daughter's attorney is lying to you that is a big concern. Even if he/she is not lying, you seem to not trust them for some reason. So it sounds like you need to have a meeting with your attorney and get your questions answered so that you are satisfied and trust them, or you need to fire them and retain new counsel for your daughter. Remember this is your daughter's case and you need to look out for her interests.
Answered on Oct 25th, 2012 at 10:54 PM
Thomas Edward Gates
The court assigns an independent GAL to manage your daughter's affairs without bias. It takes time to resolve claims, hence the delay of getting your money for your car.
Answered on Oct 25th, 2012 at 10:49 PM
Personal Injury Attorney serving Palm Springs, CA
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Gilbert & Bourke
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Yes. Any settlement for a minor will have to be paid to her GAL, and you would be the most likely candidate, and the settlement approved by a Judge. The settlement monies are then paid into a blocked account and cannot be withdrawn without a Court Order until she is 18 years old.
Answered on Oct 25th, 2012 at 10:36 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Your lawyer isn't lying to you about an ad item being necessary in order to settle your daughter's claim. Any money recovered for her is hers, not her parent's, and will probably be required to be held in the court registry for her until she reaches age 18. You are entitled to recovery for your own losses, including the damage to your car, if you win the case. I recommend you trust your lawyer until he or she gives you an actual reason not to.? My guess is that your contract allows your lawyer to get paid only if and to the extent he or she succeeds for you.? Good luck.
Answered on Oct 25th, 2012 at 10:35 PM
Debt Collection Attorney serving Fresno, CA
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Nunes Law, Inc.
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This is something you should discuss with your lawyer. From the limited information you have provided in your post, your lawyer is not lying to you. Since your daughter is not a legal adult, she is only 8 years old, someone must be appointed to make decisions about her court case for her. That is where a guardian ad litem becomes necessary. Once there is an informal agreement to settle your daughter's case, it is not enforceable until the court has reviewed and approved it as fair. Any money left over after all of your daughter's past medical expenses have been paid, her court costs are pain, and her attorney's fees are paid, will go into a blocked account or settlement fund. The money cannot come out of the fund before her 18th birthday without a court order. The reason for this is to make sure the money is there for your daughter when she becomes a legal adult and can make decisions for herself.
Answered on Oct 25th, 2012 at 10:09 PM
John D Duncan
You are the de factor guardian of your child, and unless someone can show that you are somehow unfit to handle her money for her, you will be able to manage the funds. If you are unhappy with your lawyer, you should discuss it with him. Rest assured that insurance companies cut checks in your name as well as the lawyer's name, so he should not be able to cash funds without your knowledge or approval. Furthermore, such checks must go into our trust accounts which are monitored by the State Bar. These things can take some time, so if you are only concerned that it is taking so long, there might truly me nothing to fear. Best of Luck,
Answered on Oct 25th, 2012 at 10:08 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Your daughter's money will be restricted until she turns 18, at least. Not you, her or anyone else will be able to get it until then. Any settlement must be approved by the court. So you and her will go before a judge and he will approve or deny any settlement. You will not have any control of her funds to make sure that you don't steal or otherwise squander her money while she remains an "infant" in the eyes of the law. There are exceptions to this but, very rare and will not apply in your case. Money owed to you for your vehicle will come from your insurance company and has nothing to do with your daughter. Call your insurance company and ask them where is your check. Good luck.
Answered on Oct 25th, 2012 at 10:08 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You can be the conservator, but the Court will still appoint a GAL to see if the settlement is in the best interest of the child.
Answered on Oct 25th, 2012 at 10:05 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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A GAL is appointed because technically you have an interest in the case adverse to your daughter?s. With all due respect, the fact that you are saying that your car was totaled and have not received compensation shows your bias towards yourself. A GAL is proper for resolving her case and overseeing any funds she receives which should be put into a trust for her.
Answered on Oct 25th, 2012 at 10:03 PM