Anyone who makes decisions on behalf of a minor or incapacitated adult related to final settlement of a personal injury claim may owe-formally or informally- a fiduciary duty to that claimant.

Those formally appointed to represent the ward's best interests typically include guardians, conservators, and possibly guardians and attorneys ad litem. Depending on their actions (and the sophistication of the client), trial attorneys themselves may owe such a duty.

Given the vulnerability of this kind of claimant, anyone involved with the formal resolution of such claims should embrace the highest levels of care and loyalty in their handling of the matter; courts have not been kind to those who don't.

To the extent you have not been formally named a fiduciary by any court, it is not necessarily safe to rely on that fact. In the event of a problem, a future court may adopt a different interpretation and impose accountability. The safer strategy is to presume responsibility and prevent expensive settlement errors or omissions in the first place.