§ 13.4.3 APPROVAL OF SETTLEMENTS AND ATTORNEYS' FEES RELATED THERETO

• Jurisdiction: Arizona

§ 13.4.3 Approval of Settlements and Attorneys' Fees Related Thereto

The probate court is frequently called upon to approve settlements reached on behalf of minors and incapacitated adults subject to conservatorship. See generally, Ariz. R. Prob. P. 37. The process is intended to provide additional protection to persons who are unable to protect themselves. Indeed, it is essential in cases involving a child's settlement because, upon reaching majority, the former minor may repudiate any settlements reached on his behalf unless the court either approved the settlement or appointed a conservator with independent authority to approve the settlement. Gomez v. Maricopa County, 175 Ariz. 469, 857 P.2d 1323 (App. 1993). As a result, the vast majority of conservatorship cases filed involving minors concern situations when the minor's estate has been generated as a result of settlement of a personal injury or wrongful death claim belonging to the minor. In these cases, the probate court...