Section 507.184

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 507

Effective - 28 Aug 2021, 2 histories   

  507.184.  Powers of next friend, GAL, conservator or guardian on trial and settlement — court approval — settlement of claims permitted. — 1.  The next friend, guardian ad litem or guardian or conservator shall have the power and authority, subject to the approval of the court, to waive a jury and submit all issues in such action or proposed settlement to the court for determination.

  2.  The next friend, guardian ad litem or guardian or conservator shall have the power and authority to contract on behalf of the minor for a settlement of the minor's claim, action or judgment, provided that such contract and settlement shall not be effective until approved by the court.  The next friend, guardian ad litem and guardian or conservator shall also have the power and authority to execute and sign a release or satisfaction and discharge of a judgment which shall be binding upon the minor, provided the court orders the execution of such release or satisfaction and discharge of judgment.

  3.  The court shall have the power and authority to hear evidence on and either approve or disapprove a proposed contract to settle an action or claim of a minor, to authorize and order the next friend, guardian ad litem or guardian or conservator to execute and sign a release or satisfaction and discharge of judgment, and shall also have the power and authority to approve a fee contract between the next friend, guardian ad litem or guardian or conservator and an attorney and to order him to pay an attorney fee and to pay the expenses which have been reasonably incurred in connection with the preparation and prosecution of the action or claim and including the cost of any bonds required herein.

  4.  Notwithstanding the provisions of this section to the contrary, nothing in this section shall be construed as prohibiting the settlement of claims pursuant to section 436.700 or as requiring court approval of settlements pursuant to section 436.700.

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(L. 1959 H.B. 537 §§ 507.182, 507.183, A.L. 1983 S.B. 44 & 45, A.L. 2021 H.B. 604)

(1973) Judicial settlement of claim against tort-feasors does not release contractual liability of insuror to pay medical expenses to minor not a party to insurance contract.  Aetna Casualty and Surety Co. v. Bailey (A.), 497 S.W.2d 816.

(1979) Statute is to be construed to mean persons who have not attained age of 18 years. Holoman v. Harris (A.), 585 S.W.2d 530.

(1981) Judgment entered under provisions of statute for the purpose of effecting a settlement of a minor's cause of action does not bar subsequent suit against persons who were not parties to the action. Arthur v. Evangelical Deaconess Society, etc. (A.), 615 S.W.2d 438.