Missouri Revised Statutes
Chapter 507 - Parties
Section 507.184 - Powers of next friend, GAL, conservator or guardian on trial and settlement — court approval — settlement of claims permitted.

Effective - 28 Aug 2021, 2 histories
507.184. Powers of next friend, GAL, conservator or guardian on trial and settlement — court approval — settlement of claims permitted. — 1. The next friend, guardian ad litem or guardian or conservator shall have the power and authority, subject to the approval of the court, to waive a jury and submit all issues in such action or proposed settlement to the court for determination.
2. The next friend, guardian ad litem or guardian or conservator shall have the power and authority to contract on behalf of the minor for a settlement of the minor's claim, action or judgment, provided that such contract and settlement shall not be effective until approved by the court. The next friend, guardian ad litem and guardian or conservator shall also have the power and authority to execute and sign a release or satisfaction and discharge of a judgment which shall be binding upon the minor, provided the court orders the execution of such release or satisfaction and discharge of judgment.
3. The court shall have the power and authority to hear evidence on and either approve or disapprove a proposed contract to settle an action or claim of a minor, to authorize and order the next friend, guardian ad litem or guardian or conservator to execute and sign a release or satisfaction and discharge of judgment, and shall also have the power and authority to approve a fee contract between the next friend, guardian ad litem or guardian or conservator and an attorney and to order him to pay an attorney fee and to pay the expenses which have been reasonably incurred in connection with the preparation and prosecution of the action or claim and including the cost of any bonds required herein.
4. Notwithstanding the provisions of this section to the contrary, nothing in this section shall be construed as prohibiting the settlement of claims pursuant to section 436.700 or as requiring court approval of settlements pursuant to section 436.700.
­­--------
(L. 1959 H.B. 537 §§ 507.182, 507.183, A.L. 1983 S.B. 44 & 45, A.L. 2021 H.B. 604)
(1973) Judicial settlement of claim against tort-feasors does not release contractual liability of insuror to pay medical expenses to minor not a party to insurance contract. Aetna Casualty and Surety Co. v. Bailey (A.), 497 S.W.2d 816.
(1979) Statute is to be construed to mean persons who have not attained age of 18 years. Holoman v. Harris (A.), 585 S.W.2d 530.
(1981) Judgment entered under provisions of statute for the purpose of effecting a settlement of a minor's cause of action does not bar subsequent suit against persons who were not parties to the action. Arthur v. Evangelical Deaconess Society, etc. (A.), 615 S.W.2d 438.

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXV - Civil Procedure and Limitations

Chapter 507 - Parties

Section 507.010 - Prosecution in name of real party in interest.

Section 507.020 - Action on claim under foreign law.

Section 507.030 - Persons having a joint interest shall be made plaintiffs — defendants, when.

Section 507.040 - Permissive joinder of parties — separate trials.

Section 507.050 - Misjoinder of parties.

Section 507.060 - Persons having claims against plaintiff or plaintiff's insured may be joined as defendants and required to interplead, when — limitation on liability, when — dismissal not required, when.

Section 507.070 - Class actions — representatives — secondary actions by stockholders — dismissal or compromise.

Section 507.080 - Third-party notice — when defendant may bring in third party — notice to plaintiff — third party to file petition, when.

Section 507.090 - Intervention — when as of right and when permissive — procedure.

Section 507.100 - Substitution of parties upon death, mental incapacity or transfer of interest.

Section 507.110 - Suits by infants, how prosecuted.

Section 507.115 - Infant defined for civil suit purposes.

Section 507.120 - Appointment of next friend, by whom.

Section 507.130 - How appointed.

Section 507.140 - Appointment when minor is under fourteen years old.

Section 507.150 - Bond of person acting for infant, when — effect of failure to give.

Section 507.160 - Bond filed, where.

Section 507.170 - Petition and appointment filed before further proceedings.

Section 507.180 - Guardian, conservator and next friend liable for costs.

Section 507.182 - Next friend, conservator, or guardian may employ attorney and incur expenses.

Section 507.184 - Powers of next friend, GAL, conservator or guardian on trial and settlement — court approval — settlement of claims permitted.

Section 507.186 - Substitution of conservator for next friend or guardian ad litem — effect of contracts.

Section 507.188 - Disposition of proceeds of claim — discharge of next friend or guardian ad litem.

Section 507.190 - Suits against infants not to proceed without guardian ad litem.

Section 507.200 - Appointment of guardian ad litem.

Section 507.210 - Appointment of guardian ad litem, when.

Section 507.220 - Guardian ad litem, liable only for costs in case of misconduct.

Section 507.230 - Who made defendants in suit against city.