Court Orders, Guardians and Holding a Child's Settlement in Massachusetts

By the FigureMyTax Editorial Team · How we calculate

The Massachusetts statute on a child's settlement lets the court make the orders it considers necessary to carry out the approval, including appointing a guardian or guardian ad litem. We did not find a statute that prescribes blocked accounts, trusts or annuities.

What the statute authorizes

G.L. c. 231, section 140C1/2 lets the court "make such orders and take such action as it deems necessary to effectuate the disposition of a settlement approval," including appointing a guardian, appointing a guardian ad litem, or holding an evidentiary hearing. A guardian or guardian ad litem appointed this way has the same authority as one appointed under chapter 201.

What we did not find

We did not find in the provisions we read a rule that the money must go into a restricted account, trust or annuity, a dollar threshold for a guardianship, or a withdrawal procedure. We did not read chapter 201 or the Probate and Family Court rules. Ask the court what it will require.

Practical questions to ask

Ask whether the court wants the funds in a restricted account, whether a guardian of the estate will be needed, whether a structured settlement is acceptable, who pays a guardian ad litem and how withdrawals will be approved.

Next steps

Read when a court approves a settlement and what we found about attorney fees, and see what is left in the Massachusetts minor's settlement calculator.

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