AK · rules
Alaska R. Civ. P. 90.2
Settlement and Judgments in Favor of a Minor
(a) Approval of Settlement of Claims on Behalf of
Minors.
(1) Approval. A parent or guardian of a minor who has a
claim against another person has the power to execute a full
release or a covenant not to sue, or to execute a stipulation for
entry of judgment on such claim. However, before such a
document is effective, it must be approved by the court upon
the filing of a petition or motion.
(2) Petition or Motion. A petition or motion for court
approval of a minor’s settlement under this rule must state the
date of birth of the minor, the relationship between the moving
party and the minor, the circumstances giving rise to the claim,
the amount of any applicable liability insurance, and the basis
for determining that the settlement is fair and reasonable. If the
settlement arises from personal injuries to the minor, the
petition or motion must describe the extent of the injuries, the
medical treatment provided and the probable future course of
treatment. If the settlement arises from the wrongful death or
injury of another person, the petition or motion must describe
the relationship between the other person and the minor and
state whether the amount of the settlement is consistent with
applicable state law.
(3) Attorneys’ Fees and Costs. The court shall approve
any attorneys’ fees and costs that are to be paid from the
settlement proceeds when the minor claimant is represented by
counsel.
(4) Hearing. The court may approve the minor’s
settlement without a hearing if the settlement proceeds, after
attorney’s fees and costs are deducted, do not exceed $25,000.
When a hearing on the petition or motion is held, the court
may require the presence of any person that has information
concerning the minor’s claim, the fairness of the settlement or
any related matter.
(5) Termination of Minor’s Rights. No instrument
executed under this rule is effective to terminate a minor’s
interests until such funds are paid as directed by the court.
(b) Disbursement of Proceeds.
(1) Order Directing Payment of Expenses, Costs and
Fees. The court shall order that reasonable expenses (medical
or otherwise, including reimbursement to a parent, guardian or
conservator), costs and attorney’s fees be paid from the
settlement.
(2) Disposition of Remaining Balance. The court shall
order that the remaining balance of the settlement, including
any future payments, be disposed of in a manner which
benefits the best interests of the minor. Dispositions which
may be allowed include:
(A) ordering the settlement to be held by a parent or
guardian for the benefit of the minor if the remaining balance
of the settlement does not exceed $10,000;
(B) ordering that a formal trust be established for the
benefit of the minor;
(C) ordering the appointment of a conservator to hold the
proceeds of the settlement for the benefit of the minor;
(D) ordering that the proceeds of the settlement be
deposited in a federally insured financial institution in an
account from which withdrawal is not permitted without
authority of the court; or
(E) ordering that the proceeds of the settlement be
transferred to a custodian for the benefit of the minor under the
Alaska Uniform Transfers to Minors Act (commencing with
AS 13.46.010).
(3) Standards for Disbursement of Proceeds. The person
or institution with authority under subparagraph (b) (2) may
authorize disbursement of the settlement proceeds:
(A) for the support and education of the minor if the
settlement proceeds are the result of the death or disability of
another person;
(B) for the medical bills, special education or other costs
related to the minor’s injuries if the settlement proceeds are the
result of injuries to the minor; or
(C) for any payment in the best interests of the minor
after consideration of the benefit to the minor, the resources of
the parents or guardian, and the amount of remaining
settlement proceeds.
(c) Probate Master.
A master appointed to hear probate proceedings has the
authority under this rule to:
(1) conduct the hearing set forth in paragraph (a) (4) and
recommend to the court that the settlement be approved; (2)
receive proof that the proceeds have been disposed of as set
forth in subparagraph (b) (2); and (3) issue orders approving
the withdrawal of funds pursuant to subparagraph (b) (2) (D).
(d) Disbursement of Proceeds Resulting from Judgment.
Proceeds resulting from a judgment in favor of a minor
must be disbursed as set forth in paragraph (b).
History
(Adopted by SCO 835 effective August 1, 1987; amended by SCO 1106 effective January 15, 1993)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
def7bfccf8f163ed82c2b0fbdb9638b6c29d41b9fe4ae1731186f00fe2790810
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