Short Answer

In North Carolina, a judge must appoint a guardian ad litem (GAL) to act for an injured minor in any court proceeding to approve a settlement. A party files a motion in the civil case asking the court to appoint a neutral adult as GAL; the judge appoints the GAL, hears the GAL’s recommendations, and then decides whether the settlement is in the child’s best interests. The court’s order also directs how the money will be safeguarded (for example, with the Clerk of Superior Court or a guardian of the estate).

Understanding the Problem

You want to settle a child’s personal injury claim in North Carolina and need to know how to get a guardian ad litem appointed so the court can review and approve the settlement. The decision point is: how and when does the trial court appoint a GAL to speak for the minor so the judge can determine whether the settlement serves the child’s best interests before any release or payment occurs.

Apply the Law

Under North Carolina law, minors do not have legal capacity to prosecute or settle their own injury claims. In a civil action, the court appoints a guardian ad litem under the Rules of Civil Procedure to appear for the minor, evaluate the proposed settlement, and advise the court on the child’s best interests. The trial judge (District or Superior Court, depending on the amount in dispute) handles the appointment and settlement approval. After approval, the court directs where the funds must be placed and how they can be disbursed. If settlement funds are paid into the Clerk of Superior Court, deposits up to a statutory threshold can be handled without creating a guardianship estate; larger amounts or special circumstances may require a guardian of the estate or a restricted account pursuant to court order.

Key Requirements

• Minor status: The claimant is under 18 and not emancipated, so the court must act through a GAL.
• Motion to appoint: A party (often the child’s attorney) files a motion asking the trial court to appoint a qualified, disinterested adult as GAL.
• No conflicts: The proposed GAL must be neutral; if a parent has a competing claim or potential conflict, the court typically appoints someone else.
• Court appointment: The judge enters an order appointing the GAL and authorizing the GAL to consult with counsel, review the settlement, and appear for the minor.
• Settlement approval: The court hears from the GAL and decides whether the settlement is fair and in the child’s best interests before any release is effective.
• Safeguarding funds: The order specifies where the money goes (e.g., deposit with the Clerk, a restricted bank account, or a guardian of the estate) and any limits on withdrawals.

What the Statutes Say

• North Carolina Rules of Civil Procedure, Rule 17 (Parties; infants and incompetents) — authorizes appointment of a guardian ad litem for a minor in a court action.
• G.S. 7A-111 (Funds for minors held by the Clerk) — allows the Clerk to receive and manage certain funds for minors and sets disbursement standards.
• G.S. 7A-112 (Deposit and investment of funds) — governs how clerks deposit and invest money paid into court.
• G.S. 35A-1252 (Powers and duties of guardian of the estate) — describes the authority of a guardian of the estate over a minor’s property when required.

Analysis

Apply the Rule to the Facts: With no specific facts provided, consider two common paths. If the proposed settlement is modest and straightforward, counsel moves to appoint a neutral GAL, the judge appoints the GAL and approves the settlement, and the order directs funds to a protected account or to the Clerk for safekeeping. If the settlement is larger or complex, the judge still appoints the GAL, but may also require creation of a guardianship of the estate or other structured safeguards before approving any disbursement.

Process & Timing

1. Who files: The child’s attorney (or defense counsel by consent) moves to appoint a GAL. Where: In the pending personal injury action in North Carolina District or Superior Court, depending on the case’s amount. What: Motion to Appoint Guardian ad Litem with a proposed order identifying a qualified, conflict-free adult; include the person’s consent to serve. When: File before asking the court to approve the settlement and before signing any release.
2. Appointment and hearing: The court reviews the motion, appoints the GAL, and schedules a brief settlement hearing. Timeframes vary by county; many courts can hear these matters within a few weeks based on the docket.
3. Approval and safeguards: The judge enters an order approving the settlement if it serves the child’s best interests and directs where funds are held (for example, deposit with the Clerk of Superior Court, a restricted account requiring court order for withdrawals, or appointment of a guardian of the estate). The order controls disbursement.

Exceptions & Pitfalls

• Conflicts of interest: A parent with a competing claim (for example, medical bills) often cannot serve as GAL; propose a neutral adult.
• No early payments: Do not distribute settlement funds before the court’s approval order; releases signed without approval may not bind the minor.
• Funds handling: If the order directs funds to the Clerk, deposits from a single payor up to a statutory threshold can be managed by the Clerk; larger amounts may require a guardian of the estate or different safeguards.
• Information for Clerk deposits: If paying funds to the Clerk, the payor must provide the minor’s identifying information required by law; missing information delays deposit and later disbursement.
• Order clarity: Ensure the approval order clearly states where funds must be held and the conditions for any withdrawals.

Talk to a Personal Injury Attorney

If you’re resolving a child’s injury claim and need a guardian ad litem appointed and a court‑approved settlement, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.