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Pursuant to SupR68
If a settlement is over $10,000.00, a guardian must be appointed to
approve the settlement and oversee the proceeds of the minor.
An application for settlement of a minor’s claim shall be brought by the
guardian of the estate. If there is no guardian appointed and the court
dispenses with the need for a guardian, the application shall be brought
by the parents of the child or the parent or other individual having
custody of the child. The non-custodial parent or parents shall be
entitled to seven days notice of the application to settle the minor’s
claim which notice may be waived. The application shall be captioned in
the name of the minor.
The application shall be accompanied by a current statement of an
examining physician in respect to the injuries sustained, the extent of
recovery, and the permanency of any injuries. The application shall
state what additional consideration, if any, is being paid to persons
other than the minor as a result of the incident causing the injury to
the minor. The application shall state what arrangement, if any, has
been made with respect to counsel fees. Counsel fees are subject to
approval by the court.
The injured minor and the applicant shall be present at the hearing.
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