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How to Pick a Guardian for an Injured Child's Settlement in California | the "Guardian Ad Litem"

Posted by attorney Mark Blane

San Diego California accident attorney Mark Blane discusses what the Guardian Ad Litem is and why it is required in a child injury claim or lawsuit. The Court MUST always approve an injury settlement for a minor child per California law. In fact, a settlement is not official nor retains legal standing until court approval. Mark discusses who he generally uses in the child's family as the Guardian Ad Litem also known as the GAL. Usually the mom is the best person to pick followed by the father, and then if they are unavailable, an aunt or uncle and so forth. The court sets up this process to make sure there is an adult person to act as the trustee of the settlement funds on behalf of the child. Since the child is a minor under California law, and cannot engage in contracts, they cannot legally open bank accounts on their own unless they are legally emancipated [a very rare ocurrance and usully only happens with children who are making money on their own like child actors]. The GAL process is very important in getting an injury settlement satisfied with the at-fault party directly.

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