Description: The Probate and Mental Health Advisory Committee recommends amending six rules of court and revising eight forms used in proceedings to approve the compromise of a claim or action or the disposition of proceeds of a judgment for a minor or person with a disability. The proposed amendments and revisions are needed (1) to clarify that the petitioner must completely disclose the effect of the compromise on the statutory and contractual lien rights of all parties, insurers, and medical service providers; (2) to clarify that a blocked account for the deposit of the proceeds of the compromise or judgment must be opened in the name of the petitioner in the petitioner’s capacity as representative of the minor or person with a disability; (3) to clarify that an adult claimant who has the capacity to consent to orders approving a compromise or disposition and does not have a conservator of the estate must give express consent to those orders; and (4) to make technical and clarifying revisions to the forms’ titles, language, and format. These revisions are needed to improve access to the courts, protect the interests of minors and persons with disabilities, and allow prompt and secure distribution of the proceeds of settlements and judgments in favor of minors and persons with disabilities.

Category: Probate and Mental Health

Item Number: SPR20-25

Deadline: June 9, 2020

File: spr20-25.pdf