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AK · rules

Alaska R. Civ. P. 90.2

Settlement and Judgments in Favor of a Minor

activein force · 1993-01-15 – presentact-effective-date

(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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