Legal Question in Personal Injury in California
if you are a minor and your parent is your ad litem for a lawsuit do they have any rights to the money won in the case? also in the case it names me as the minor plaintiff and my ad litem (adoptive mother) as the plaintive/petitioner. my lawyer is now changing his story and is trying to say that the case isnt just mine wich completley contradicts what he has been saying all along
2 Answers from Attorneys
The guardian ad litem may have his or her own individual claim in addition to the minor's claim. However, the claim on behalf of the minor belongs to the minor. But the guardian ad litem may have the right to control the minor's money in terms of investing it until the minor is no longer a minor. In some cases the guardian could use the minor's money for necessary expenses of the minor. But a court will have to approve any expenditure of the minor's money.
The other answer is mostly correct. However, the court must approve any settlement for the minor and the funds are usually placed in an annuity or a blocked account that cannot be touched until the minor reaches 18 years of age or by court order.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
