MN SF5338

Court must appoint an attorney adviser or guardian ad litem in settlement cases where a party may have a brain injury causing mental or cognitive impairment, or an attorney may file a motion for such appointment if their client has a diagnosed brain injury.

Appointed attorney adviser or guardian ad litem shall independently assess whether the proposed settlement is in the party's best interest, considering dependents, medical history, and may consult with certified public accountants or other professional advisers.

Costs and reasonable fees for the appointed attorney adviser or guardian ad litem cannot exceed $3,000 and may be distributed through the settlement or assigned by the court.

Attorney adviser or guardian ad litem must consider the party's reasonable preference, whether settlement is reasonable for similarly situated parties, coverage of medical expenses, and impact on the party's ability to support themselves and dependents.

Attorney general, with assistance from the chief justice of the supreme court, must complete a study of 2022 structured settlement law updates and submit a report to the legislature by January 15, 2025, including data on appointments made, cases involving minors or mental impairment, and settlement approval rates.