Legal Question in Personal Injury in California
Do I Need Both Parents Consent to their Child's Settlement
Hello, I am an attorney and obtained a small settlement for a minor and her parent from a personal injury claim. The minor's parents are divorced but share joint legal custody. Both parents are estranged and do NOT have a good relationship w/ eachother. The other parent is unaware of the claim. Before sending the settlement release form the insurance company wants to know if my client is the sole legal guardian of the minor, if not then both parents signature would be needed. Is there a way around this as my client does not want to inform the the other parent as the other parent will likely make things difficult? I do not want to make a misrepresentation. What if I tell the adjuster about the animosity b/w the two and how involving the other parent would impede settlement, and that my client would sign a hold harmless agreement should the other make a claim in the future (very unlikely). Is there a way to keep the other party out of this and not jeopardize my license?
2 Answers from Attorneys
Re: Do I Need Both Parents Consent to their Child's Settlement
As an officer of the court you are obligated to know and follow the rules and disclosure requirements. You can not aid in perjury or fraud. The insurance company is entitled to know the truth when they ask, and to be provided legally sufficient releases. If they are willing to accept one signature, so be it, but I doubt they will. You and your client are going to have to work it out and obtain that signature. There are no corners to cut here.
Re: Do I Need Both Parents Consent to their Child's Settlement
As an officer of the court you are obligated to know and follow the rules and disclosure requirements. You can not aid in perjury or fraud. The insurance company is entitled to know the truth when they ask, and to be provided legally sufficient releases. If they are willing to accept one signature, so be it, but I doubt they will. You and your client are going to have to work it out and obtain that signature. There are no corners to cut here. You face the requirement of obtaining court approval of minor's compromise, so all this has to be done correctly for the court as well.
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