Do I Need a Guardian ad Litem in My Catastrophic Injury Case?

After a life-changing event in Los Angeles, you may be caring for a child, a loved one with a traumatic brain injury, or an adult who is not able to make litigation decisions on their own. You might be asking if you need a guardian ad litem in my catastrophic injury case.

This page explains when a guardian ad litem (GAL) is required, how the process works in California courts, and what this means for your recovery and settlement. If you have further questions, contact a Los Angeles catastrophic injury lawyer for advice.

What A Guardian Ad Litem Does In A Catastrophic Injury Lawsuit

A guardian ad litem is a person the court appoints to protect the best interests of a minor or an adult who lacks the capacity to manage a lawsuit. The GAL makes litigation decisions for that person, works with the legal team, and presents positions to the court.

In a catastrophic injury case, the GAL may hire or confirm counsel, review pleadings, authorize discovery responses, and decide on settlement proposals. The GAL also signs off on releases and works with the court on the distribution of settlement funds.

A GAL is different from a parent, legal guardian, or conservator. A conservator or legal guardian manages day-to-day or broader personal and financial matters, while a GAL’s authority is limited to the lawsuit.

When Is A Guardian Ad Litem Required?

California law requires a GAL for any minor involved in litigation. If your child was hurt in a catastrophic crash, fall, or defective product incident in Los Angeles County, a GAL must act for the child in court and for any settlement approval.

A GAL is also used when an adult cannot make informed decisions about the lawsuit. This can happen after a traumatic brain injury, prolonged coma, an anoxic event, severe cognitive impairment, or when medication or sedation affects decision-making.

You likely need a GAL if:

• The injured person is under 18 and has a claim.
• An adult has documented cognitive deficits affecting judgment.
• The person is unconscious, in a minimally conscious state, or heavily sedated.
• A treating provider has raised capacity concerns.
• There is a conflict between the proposed representative and the injured person.
• A minor’s settlement needs court approval (even if no lawsuit has been filed).

Who Can Serve As Guardian Ad Litem in a Catastrophic Injury Case

A GAL is often a parent for a minor or a close relative for an adult with limited capacity. The court focuses on whether the proposed GAL is trustworthy, available, and free of conflicts.

Options include a parent, adult sibling, spouse, grandparent, trusted family friend, conservator, or a professional fiduciary. Attorneys sometimes serve, but courts often prefer a layperson or fiduciary who is not counsel of record.

An appointment is started by filing an application and a proposed order with the court. California uses a standard form, and appointments are often granted quickly. Before granting the position:

• For adults, judges may request a declaration from a physician or psychologist confirming capacity limits.
• For minors, a birth certificate or custody papers may be included.

How Settlements Work With A Guardian Ad Litem In California Catastrophic Injury Cases

When a minor or an adult with limited capacity settles a catastrophic injury case, a judge must review and approve the settlement. The court reviews the attorney’s fees, costs, medical liens, and how funds will be safeguarded.

For minors, courts frequently require funds to be placed in a blocked account, a structured settlement, or a special needs trust if the child may qualify for public benefits. The GAL presents a plan describing how the money will be handled until the child turns 18 or longer if a trust is used.

For incapacitated adults, the court may approve a special needs trust, a Medicare set-aside when applicable, or other protective tools. The GAL helps the court understand anticipated medical expenses, home modifications, in-home care, and future therapies.

After Settlement Approval

Once the settlement is approved and the distribution plan is in place, the court issues orders that banks and insurers must honor.

The GAL’s role often winds down after settlement orders are entered, though the court may require follow-up receipts for deposits into blocked accounts. If the adult regains capacity, the GAL’s appointment can be ended.

Costs, Conflicts, And Choosing The Right Guardian Ad Litem

Many GALs who are family members serve without payment. If a professional fiduciary is needed, the court may approve a reasonable fee paid from the settlement. The judge will weigh the injured person’s needs, the size of the recovery, and the work required.

Conflicts can arise. For example, a parent may have a related claim (like medical bills) or potential fault might be alleged against a family member who wants to act as GAL. In those situations, the court often prefers an independent GAL to avoid divided loyalties.

What A Guardian Ad Litem Cannot Do In A California Catastrophic Injury Case

The GAL does not receive settlement funds personally unless the court orders reimbursement of approved expenses or fees. The GAL does not make medical decisions unless they also hold a separate legal role (like a healthcare agent or conservator).

Their charge is to act in the litigation and communicate with the court, the legal team, and the defense on case decisions.

If a conflict develops during the case, the GAL can be replaced. The court’s priority is the injured person’s welfare, so changes are possible if circumstances shift or if a better candidate steps forward.

How J&Y Law Team Supports You And The Guardian Ad Litem

Our team helps you decide whether a GAL is needed, identifies suitable candidates, and handles the filings for appointment. Once appointed, we work closely with the GAL to:

• Gather medical opinions on capacity and prognosis.
• Build the liability and damages case while the GAL confirms litigation decisions.
• Prepare settlement approval filings and appear at hearings.
• Address liens and subrogation claims to protect the net recovery.
• Recommend protections for funds, such as blocked accounts, structured settlements, or special needs trusts.

Most families have never gone through a GAL appointment before. We walk you through each step in plain language, coordinate with the Los Angeles Superior Court, and keep your case moving while the injured person focuses on treatment and recovery.

Do You Need A Guardian Ad Litem for Your Catastrophic Injury Case? Get Answers Today

If you are asking whether a GAL is required in your Los Angeles catastrophic injury case, we can review your situation, discuss capacity, and outline next steps.

Contact our firm to talk with a team that handles guardian ad litem appointments and settlement approvals across Los Angeles County. We’re ready to help you protect your rights and move your case forward.