Question 1

Does a judge have to approve a minor's settlement in Arkansas?

Accepted Answer

As a practical matter yes. The Arkansas Supreme Court has long held that a guardian cannot compromise a minor's interests without court approval, and that the court must make a judicial act of investigation into the merits of the compromise, not merely be made aware of it. Ark. Code 28-65-318(a) lets the court authorize a settlement on the petition of the guardian of the estate if it is in the ward's interest.

Question 2

Do I need a guardian to settle my child's claim?

Accepted Answer

Usually a guardian of the estate petitions the court. If the child's whole estate is $25,000 or less, the court may, in its discretion, dispense with the guardianship and bond and authorize payment to the child or a suitable person or institution for the child's benefit (Ark. Code 28-65-502).

Question 3

What happens to the money?

Accepted Answer

The court directs how it is retained, used or distributed for the child's benefit. A guardian of the estate must protect and preserve the money and account for it, and deliver the assets to the child at the end of the guardianship (Ark. Code 28-65-301).

Question 4

How old is a minor in Arkansas?

Accepted Answer

Under 18. Ark. Code 9-25-101(a) says persons of eighteen years are of full age for all purposes.

Question 5

Can a parent settle without the court?

Accepted Answer

A settlement of a tort claim against the ward made by the guardian can be binding without court approval, but a guardian cannot take credit for money spent in settling unless authorized in advance or later shown to have been in the ward's interest (Ark. Code 28-65-318(b)). For a child's claim for injuries, plan on a petition.

Arkansas Minor's Settlement Calculator

Estimate what the child receives

The court must investigate before a child's claim is compromised

Arkansas Minor's Settlement Calculator

Estimate what the child receives

The court must investigate before a child's claim is compromised

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