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Petition for Minor’s Compromise and all related pleadings/attachments:

Petition For Minor’s Compromise

So what should you expect when your minor is involved in a car accident or other personal injury that requires compensation? Below is a brief overview of California’s laws and court requirements for settlements when minors or disabled individuals are involved.
Unfortunatley, there are personal injury case in which minor children are involved. The involvement of minors in settlements bring about several concerns and complications that have to be addressed by the attorney and judge.

What Is A Petition For Minor’s Compromise?

When minors or persons with disabilities are part of a personal injury case, the Probate Court has to be involved. This court is a special division within the California judiciary system that is responsible for advocating for minors and incapacitated adults.
This Court requires that a written legal agreement be signed by the parent or guardian of the minor prior to the issuance of any settlement funds. This agreement is the minor’s compromise, which has to be petitioned for and approved by the Court.
The purpose of a minor’s compromise is to ensure that the funds be used specifically for the minor’s benefit. Unless the minor or disabled person requires the funds for medical expenses, these funds would not be accessed until the minor turns 18 years old.


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What Happens After A Minor’s Compromise Is Granted?

After a minor’s compromise is granted, the court makes the determination of where the money will go. Minors benefit from this protective measure that helps safeguard their money. To make this determination, the Court takes into account the following factors:
  • Total amount of the settlement
  • The extend of injuries
  • Litigation costs
  • How the funds will be used

After careful scrutiny, the Court will likely order that the funds be placed in an interest accruing bank account. This account will be blocked until the minor turns 18 and is able to access it him or herself. Of course, if the personal injury results in ongoing medical costs, the money will be chanelled towards these needs. 

How To File For This Petition

There are several forms that will need to be filed with the Probate Court for approval. Without the submission and review of these forms, the settlement funds will not be released. These forms are:
  • CIV-010: Application and Order for Appointing Guardian ad Litem
  • MC-350: Petition to Approve Compromise of Disputed Claim
  • MC-351: Order Approving Comprise of Disputed Claim
  • MC-355: Order to Deposit Money into Blocked Account
  • MC-356: Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account

These forms can be filed by either parent or the guardian at litem (representative appointed by the Court). 

Expedited Petition
For an expedited petition, a special form titled MC 350EX will be required. This will expedite the settlement and bring a resolution for the claim. For expedited requested, the claim settlement must be up $50,000 or match the policy limites of all parties involved on the case.
Filing Costs
Filing costs for the Petition for Minor’s Compromise vary based on the county where the case is being handled.
Attend A Hearing For The Petition
A separate hearing will be held with the judge and the guardian ad litem, parent, or guardian of the minor. Though recommended, the appearance of a minor or disabled person is not required.
Additional Required Documents
In addition the petition paperwork, the Court will require the following documents: 
  1. Verified petition
  2. Documentary support
  3. Doctors reports/letters
  4. Medical lien documents
  5. Medi-Cal or Medicare documents
  6. Cost reimbursement documents
  7. Cost reimbursement to petitioner
  8. Attorney fee requests
  9. Bank name and address
  10. Annuity contract
  11. Special needs trust

Fund Capital America Minor’s Compromise Services

Being a parent or guardian of a minor who got injured in a car accident can be very dreadful and overwhelming. Along with worrying about the child’s health, the parent is also tasked with scores of paperwork just for the settlement payout alone. Fund Capital America understand this struggle and is offering professional legal experts who will assist with handling this important petition.

The services provided by Fund Capital America will help lessen the burden of parents and guardians by locating and completing all the necessary forms. Years of experience and specialized training have equipped them with the knowledge required to promote a smooth and speedy litigation process where minors are involved. Take care of your injured minor child and allow us to handle the legal paperwork by contacting Fund Capital America today. 

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