LCR 98.16. Settlement of Claims of Minors and Incapacitated Persons

(a) Representation and Report Date.
(1) File Number Case Type. All actions for approval of minor settlements shall be filed with a type ‘4’ cause number. Petitions shall include the full name and date of birth of the minor pursuant to SPR 98.16W.
(2) Independent Counsel. A plaintiff attorney representing the incapacitated person may be found to be an independent attorney upon application to the Court and entry of findings per SPR 98.16W. An attorney may not be specially retained by the parties for the purpose of serving as independent counsel, but may be appointed by the Court.
(3) Appointment. The appointment of settlement or litigation guardians ad litem, trust drafters, and independent counsel are subject, as appropriate, to the provisions of LGALR 1-7.
(4) Performance of Requirements; Review. If there is no general guardian at the time a settlement is authorized, the Court shall thereupon follow procedures for review and checking on the case until all requirements of the Court incident to the settlement have been complied with and appropriate receipts have been placed on file.
(5) Report Date. Upon signing of the order appointing a settlement guardian ad litem or independent counsel, the Court will note on the order when the report is due.
(b) Control and Orders for Remaining Funds. For all settlements in which the funds will be retained in a blocked account, a receipt must be submitted on a form approved by the court. The Order approving Minor Settlement shall note a date by which an order to disburse funds will be presented to the court. The court will review the case 60 days after the 18th birthday of the minor, or other date as determined by the court, for purposes determining whether the funds have been or should be disbursed.
(c) Motions.
(1) Ex Parte and Probate Department to Hear. All matters requiring the attention of the Court shall be presented to the Ex Parte and Probate Department.
(2) Reports and Accounting. Periodic reports and accountings required of guardians ad litem who are custodians of an incapacitated person’s estate shall be filed and noted for hearing at least 14 days before the scheduled date.
(3) Motions. Motions shall be filed and noted in the Ex Parte and Probate Department on 14 days notice (LCR 98.04(b).
(4) Working Copies. Working copies of reports of the settlement guardian ad litem, independent counsel, and of the general guardian in regard to the proposed settlement shall be provided to the Ex Parte and Probate Department not later than seven days preceding the hearing. Working copies shall be submitted pursuant to the requirements of LCR 7(b) to the extent not inconsistent with this rule.

[Amended effective September 1, 1984; September 1, 1993; September 1, 1996; September 1, 1999; September 1, 2006; September 1, 2008; June 1, 2009; September 1, 2018.]