Summary
This practice guide summarizes Florida law on settling claims for minors and wards, detailing when court approval, legal guardianship, and guardian ad litem appointment are required based on settlement amount, existing guardianship status, and whether the case is pre-suit or post-suit. It references key statutes such as Fla. Stat. §§ 744.387, 744.3025, and 768.25, and notes that a natural guardian or next friend generally need not obtain court approval for an attorney contract unless a guardianship is in place.
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Practice areas
Key quotations
“When there is no guardianship in place, natural guardian or next of friend is not required to seek court approval for attorney contract. (In re Deily), 37 So. 3d 277 (Fla. 2d DCA 2010); see also Fla. R. Civ. P. 1.210(b) (minor or incompetent person who does not have a duly appointed representative may sue by next friend or by a guardian ad litem).”
Factual background
This document is a practice guide summarizing Florida statutory requirements for court approval of settlements on behalf of minors and adult wards. It categorizes requirements based on settlement amount, the existence of a legal guardianship, and whether the case is pre-suit or post-suit. The guide includes tables detailing when court approval, legal guardianship, and a guardian ad litem are necessary. A footnote cites In re Deily for the proposition that a natural guardian or next friend is not required to seek court approval for an attorney contract when no guardianship is in place.