Legal Question in Personal Injury in Texas

Re: Estate of my son's biological father

The GAL's job is to ensure that the minor's interests are adequately protected. They typically enter an appearance in the lawsuit, investigate the settlement options and select an option that is in the best interest of the minor.

Re: Estate of my son's biological father

Texas Rules of Civil Procedure 173 sets out the requirement for and duties of a guardian ad litem ("GAL"). The GAL is an attorney appointed to represent an incapacitated person or a minor (under age 18) in a civil suit in order to recommend to the Court whether a proposed settlement, based upon the GAL�s best professional judgment, is in the minor�s best interests. Because your son cannot sign a Release (which is a contract), and the judge is not allowed to represent your son's interests, (and because both you and your attorney may have interests in conflict with your son's) the Court appoints a personal representative for the minor (GAL) to overcome the minor's legal incapacity. The guardian ad litem conducts an independent investigation, evaluates the benefits of settling, and determines the best interests of the minor, and, as the minor's personal representative, makes his recommendations to the Court as to whether the settlement should be approved by the Court. This is all done so that your son will receive complete protection from anyone who would seek to treat him unfairly or force upon him a settlement that is not in his best interests.