When a Court Approves a Minor's Settlement in Massachusetts

By the FigureMyTax Editorial Team · How we calculate

A Massachusetts court may review and approve a settlement of a child's personal injury claim when a petition signed by all parties is filed, and may appoint a guardian or guardian ad litem. The statute says "may"; we found no dollar threshold or rule that makes approval mandatory.

The statute

G.L. c. 231, section 140C1/2 says the trial court may review and approve a settlement for damages because of personal injury to a minor in any case before the court where any party has filed a petition for settlement approval signed by all parties.

The court's powers

The court may make the orders it considers necessary to carry out the settlement approval, including appointing a guardian, appointing a guardian ad litem, or holding an evidentiary hearing. A guardian or guardian ad litem appointed for the settlement has the same authority as if appointed in a chapter 201 proceeding.

Claims not in suit

Any party to the settlement of a minor's claim that is not in suit may start an action by filing a complaint and a petition for settlement approval, so the court can approve it.

What we did not find

We did not find in the provisions we read a rule that makes approval mandatory, a procedure for amounts below a threshold, or rules on how the money must be held. Ask the court or an attorney what applies in your case before you sign a release.

Who is a minor

A person who has reached 18 is of full legal capacity (G.L. c. 231, section 85P).

Deadlines

Tort actions must be commenced within 3 years after the cause of action accrues (c. 260, section 2A), and if the person is a minor when the right first accrues the action may be commenced within that time after the disability is removed (section 7). Ask an attorney before assuming you have time. See how the court protects the money and run your numbers 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.