Parent's Rights in Personal Injury Cases

A few weeks ago I wrote about a parent's rights under Florida Statutes 744.301, to sign a release form on behalf of his or her minor child. Such a release form is often a factor in personal injury cases involving minors. Florida Statutes 744.361 details the powers and duties of a guardian. In accident cases involving child victims, guardians are often involved after a verdict or settlement has been reached. In Hancock v. Share, 67 So.3d 1075 (Fla. 5th DCA 2011), the court held that a natural guardian parent could procure an annuity on behalf of the minor child that lasted longer than the time that it would take the child to reach the age of maturity. The court held that as long as the contract is “appropriate for, and in the best interest of, the ward (child)”, such an agreement is valid.

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