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SF3019 (Legislative Session 94 (2025-2026))

Attorney adviser or guardian ad litem provision in settlement agreements for cases where a party has a brain injury

AI Generated Summary

Purpose of the Bill

The bill aims to provide additional legal support and protection for individuals involved in settlement agreements, particularly those who have suffered brain injuries. It also mandates a study on the effectiveness of updated structured settlement laws from 2022.

Main Provisions

  • Appointment of Legal Support: In any court case where it appears a party may have a brain injury affecting their mental or cognitive capabilities, the court must appoint an attorney adviser or guardian ad litem. This appointment is required to ensure the proposed settlement agreement is in the best interest of the injured party.

  • Attorney's Role: The appointed attorney or guardian will assess the party's situation, consult professionals if necessary, and provide a report to the court. The report will consider factors like the party's preference, the reasonableness of the settlement, and its impact on the party and their dependents.

  • Cost Management: Costs and fees for the appointed attorney adviser or guardian are capped at $3,000 and can be managed through the settlement or assigned by the court.

Significant Changes to Existing Law

  • The bill introduces a requirement for the involvement of legal advisers in settlements involving parties with brain injuries to safeguard their interests, which was not mandated before.

  • The bill outlines a study directed by the attorney general in collaboration with the chief justice to assess the impacts of 2022 changes in structured settlement laws. This involves analyzing how these legal adjustments have influenced cases involving minors and individuals with cognitive impairment.

Study on Structured Settlement Transfers

  • The attorney general must evaluate the outcomes of certain legislative updates to structured settlements. This study will gather information such as the number of discretionary and mandatory appointments, cases involving minors or cognitive impairments, and the approval rate of settlements by the court.

  • A comprehensive report on the study's findings is due to certain legislative committees by January 15, 2026.

Relevant Terms

  • Attorney Adviser
  • Guardian ad Litem
  • Settlement Agreement
  • Brain Injury
  • Cognitive Impairment
  • Structured Settlement Laws
  • Medical Diagnosis
  • Court Report

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 26, 2025SenateFloorActionIntroduction and first reading
March 26, 2025SenateFloorActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section of the bill pertains to the discretionary appointment under section 549.405 subdivision 1.",
      "modified": []
    },
    "citation": "549.405",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section of the bill involves mandatory appointments under section 549.405 subdivision 2.",
      "modified": []
    },
    "citation": "549.405",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This portion of the bill covers motions made under section 549.405 subdivision 3.",
      "modified": []
    },
    "citation": "549.405",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section of the bill mentions reports filed under section 549.405 subdivision 4.",
      "modified": []
    },
    "citation": "549.405",
    "subdivision": "subdivision 4"
  }
]

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