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May 26, 2024 Clouds | 72°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 140C1/2: Settlement of claim of minor or incompetent; judicial powers; petition for settlement approval

Section 140C1/2. The trial court may review and approve a settlement for damages because of personal injury to a minor or incompetent person in any case before the court where any party has filed a petition for settlement approval signed by all parties. The trial court may make such orders and take such action as it deems necessary to effectuate the disposition of a settlement approval including but not limited to the appointment of a guardian, the appointment of a guardian ad litem, or the holding of an evidentiary hearing. With respect to a settlement for which approval is requested under this section, a guardian or a guardian ad litem appointed by said trial court shall have the same authority as if appointed pursuant to a proceeding under chapter two hundred and one.

Any party to a settlement of a claim of a minor or incompetent person, when such claim is not in suit, may initiate an action by filing a complaint and petition for settlement approval for the purpose of seeking the court's approval of the settlement under this section.