Why a Court Must Approve a Minor's Settlement in Maine

By the FigureMyTax Editorial Team · How we calculate

No settlement of a child's claim is valid in Maine unless the court approves it or it is affirmed by an entry of judgment. We found no dollar threshold below which approval is not needed.

The statute

14 MRSA 1605 says no settlement of an action brought for an infant by next friend, or defended for the infant by a guardian or guardian ad litem, is valid unless approved by the court where the action is pending or affirmed by an entry of judgment. If no action has been commenced, an infant by next friend may apply to any court where an action on the claim could have been commenced for an order approving the settlement, which has the effect of a judgment.

What the court may order

The court may make all necessary orders to protect the infant, including requiring that funds be disbursed through a trust, and may require the guardian ad litem or next friend to give a bond to account for all money received.

The papers

Rule 17A requires a motion or application with an affidavit stating the terms, reasons and any attorney fee for the minor, a statement of the minor's age, injuries and the facts, an affidavit by the lawyer who prepared the papers about any connection to the other side, and a proposed order that allocates the funds, designates a depository and subjects withdrawals to court approval until majority. Where the settlement is over $5,000, or the lawyer has a connection to the adverse party, the statement must attach police and emergency room reports and a physician's statement on the injuries and expected recovery.

The hearing

The court may require the moving party, the minor and any lawyer to attend, and may inquire into the circumstances, the extent of the damages and the adequacy of the settlement. After the hearing it may approve the settlement or order entry of final judgment, and in exceptional circumstances may appoint a referee.

Who is a minor

Persons 18 or over are of majority for all purposes in Maine (1 MRSA 73).

Deadlines

Civil actions generally must be commenced within 6 years (14 MRSA 752), and a person who is a minor when the action accrues may bring it within the time limited after the disability is removed (853). Ask an attorney before assuming you have time. See how the money is held and run your numbers in the Maine minor's settlement calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Maine's rules apply to your specific case with a licensed Maine attorney.