How to Collect a Settlement on Behalf of Your Child
There are instances where a child is awarded money as a result of a settlement. Since the child is under the age of 18, they are considered a minor and, therefore, California courts do not legally allow them to sign for themselves. In this case, a child would need an adult to sign for them. This is called a Minor’s Compromise.
A child’s parent or legal guardian can act on the child’s behalf in a Minor’s Compromise. If the child lives with both parents, then either parent may assume this responsibility. In the event that both parents are living, but only one parent is considered to be the child’s legal guardian or custodial parent, then only that parent is allowed to sign on the child’s behalf.
Will a Minor’s Compromise Still Require You to Appear in Court?
There are two types of Minor’s Compromise: “No Action Pending” and “Action Pending.” A “No Action Pending” Minor’s Compromise means that there is no need to go to court. All of the details have been finalized. All that is necessary in order for the funds to be released is to file the appropriate paperwork and pay the required filing fees.
An “Action Required” Minor’s Compromise means that the issue needs to go to court. The petitioner has to be the child’s guardian ad litem. Once the appropriate paperwork has been filed, the guardian will receive a court date. In the event that the guardian wishes to ask for compensation for their attorney’s fees, an Attachment 14a will be required in order for those fees to be considered.
Medical Documentation May Be Required
If the settlement is a result of injuries that the child received, the Petition must also include either an original doctor’s report or a copy explaining the diagnosis and the details of the child’s injuries. There must be a report stating the claimant’s current medical condition as well. Even if the injuries occurred in the past, both sets of documents are still required.
In the event that there are more than one type of injury, then documentation from each applicable doctor would be needed. For example, if the child sustained broken bones in addition to facial lacerations, then documentation from the doctor covering each specialty would be necessary.
Restrictions To Protect Your Child’s Settlement
There are certain restrictions put in place regarding the dispersement of funds. Monies have to be deposited into an insured account within the state. They are held there until the child turns 18 and/or meets other requirements specified by the courts. When dealing with a Minor’s Compromise, the best thing you can do is to seek the advice of an experienced attorney who can help you through the process and make sure that the child’s rights and interests are protected.
For Additional Information
Mara Burnett Will Help Evaluate Your Personal Injury Case
If you or a loved one is dealing with an injury suffered through no fault your own, Mara Burnett can help. Experienced and reputable, Mara and the other attorneys at Mandell Law provide hands-on care and a sincere commitment to victims of personal injury and harms of all kinds, including accidents and representation of minors. The Mandell Law Firm, in Woodland Hills, California is an aggressive personal injury law firm serving clients throughout the San Fernando Valley, the Greater Los Angeles area and Southern California. Contact Mara Burnett for a free consultation at 818.886.6600.