A parent may maintain an action for the injury of a minor son or daughter. A general guardian may maintain an action for an injury to the ward. A guardian of a dependent, neglected, or delinquent child, appointed by a court having jurisdiction, may maintain an action for the injury of the child. If no action is brought by the father or mother, an action for the injury may be brought by a guardian ad litem, either before or after the death of the parent. Before a parent receives property as a result of the action, the parent shall file a bond as the court prescribes and approves as security therefor. In lieu of this bond, upon petition of the parent, the court may order that the property received be invested in securities issued by the United States, which shall be deposited pursuant to the order of the court, or that the property be invested in a savings account, savings certificate, certificate of deposit, or share certificate, in a bank, savings association, trust company, credit union in which either the depositor or beneficiary is a member, or an annuity or other form of structured settlement, subject to the order of the court. A copy of the court's order and the evidence of the deposit shall be filed with the court administrator. Money or assets in an account established by the court under this section are not available to the minor child or the child's parent or guardian until released by the court to the child or the child's parent or guardian. No settlement or compromise of the action is valid unless it is approved by a judge of the court in which the action is pending.
Notes of Decisions
Minneapolis Star & Tribune Co. v. Schumacher, 392 N.W.2d 197 (Minn. 1986).
· cites it 6× “02 and Rule 2 in requiring court participation is not to bring wrongful death settlements within the public eye, but rather to facilitate the effective and proper distribution of the settlement funds.”
In Re the Welfare of K.S., 427 N.W.2d 653 (Minn. 1988).
· cites it 8× “This case is before us on appeal from a decision of the court of appeals holding that a minor's personal injury settlement fund established pursuant to Minn.Stat. § 540.08 (1986) is an available resource for purposes of a minor’s eligibility for medical assistance under Minn.”
In Re the Welfare of M.B.P., 473 N.W.2d 389 (Minn. Ct. App. 1991).
· cites it 16× “We conclude that pursuant to Minn.Stat. § 540.08 (1990), it is within the discretion of the trial court to determine whether the money in a personal injury minor settlement fund shall be made available to a child.”
Wilson v. Davidson, 17 N.W.2d 31 (Minn. 1944).
· cites it 5× “1941, § 540.08 (Mason St. 1940 Supp. § 9172). In the affidavit of the physicians supporting the petition, it is stated that the injury Donald sustained in the accident was a bilateral dislocation of the mandibular joint of the jaw and that he had entirely recovered from the…”
Cook v. Connolly, 366 N.W.2d 287 (Minn. 1985).
· cites it 2× “Minn.Stat. § 540.08 (1984) provides in part: "A parent may maintain an action for the injury of a minor son or daughter * * *.”
In Re the Welfare of M.F., 473 N.W.2d 367 (Minn. Ct. App. 1991).
· cites it 4× “Pursuant to Minn.Stat. § 540.08 (1986), her guardian obtained a settlement on her behalf which was placed in trust until K.”
Cnty. of Ramsey v. Wilson, 526 N.W.2d 384 (Minn. Ct. App. 1995).
· cites it 2× “Therefore, it is within the trial court’s discretion to determine whether the money should be released to the child.”
Dixon v. Johnson, 430 N.W.2d 253 (Minn. Ct. App. 1988).
· cites it 2× “The settlement was then brought before the district court for approval as required by Minn.Stat. § 540.08. The district court ruled that the Department of Human Services is entitled to full reimbursement of their lien without a pro rata reduction for attorney fees.”
Murphy v. Bergo, 400 N.W.2d 387 (Minn. Ct. App. 1987).
· cites it 4× “Minn.Stat. § 540.08 (1984) allows either parent to maintain an action for injury to a minor child.”
Patzner v. Schaefer, 551 N.W.2d 736 (Minn. Ct. App. 1996).
· cites it 2× “See Minn. Stat. § 540.08 (1994) (suit by parent or guardian for injury to minor child).”
Clark v. Gronland, 23 N.W.2d 169 (Minn. 1946).
· cites it 2× “1941, § 540.08 (Mason St. 1940 Supp. § 9172), .”
In re the Welfare of M. M., 561 N.W.2d 528 (Minn. Ct. App. 1997).
· cites it 18× “In 1989 the legislature amended Minn.Stat. § 540.08, a statute dealing with a parent’s receipt of money as the result of an action for recovery from the injury of a minor child, by adding the following language: Money or assets in an account established by the court under this…”
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