507.184. Powers of next friend, conservator or guardian on trial and settlement--court approval.
Powers of next friend, conservator or guardian on trial andsettlement--court approval.
507.184. 1. The next friend, guardian ad litem or guardianor conservator shall have the power and authority, subject to theapproval of the court, to waive a jury and submit all issues insuch action or proposed settlement to the court fordetermination.
2. The next friend, guardian ad litem or guardian orconservator shall have the power and authority to contract onbehalf of the minor for a settlement of the minor's claim, actionor judgment, provided that such contract and settlement shall notbe effective until approved by the court. The next friend,guardian ad litem and guardian or conservator shall also have thepower and authority to execute and sign a release or satisfactionand discharge of a judgment which shall be binding upon theminor, provided the court orders the execution of such release orsatisfaction and discharge of judgment.
3. The court shall have the power and authority to hearevidence on and either approve or disapprove a proposed contractto settle an action or claim of a minor, to authorize and orderthe next friend, guardian ad litem or guardian or conservator toexecute and sign a release or satisfaction and discharge ofjudgment, and shall also have the power and authority to approvea fee contract between the next friend, guardian ad litem orguardian or conservator and an attorney and to order him to payan attorney fee and to pay the expenses which have beenreasonably incurred in connection with the preparation andprosecution of the action or claim and including the cost of anybonds required herein.
(L. 1959 H.B. 537 §§ 507.182, 507.183, A.L. 1983 S.B. 44 & 45)(1973) Judicial settlement of claim against tort-feasors does not release contractual liability of insuror to pay medical expenses to minor not a party to insurance contract. Aetna Casualty and Surety Co. v. Bailey (A.), 497 S.W.2d 816.
(1979) Statute is to be construed to mean persons who have not attained age of 18 years. Holoman v. Harris (A.), 585 S.W.2d 530.
(1981) Judgment entered under provisions of statute for the purpose of effecting a settlement of a minor's cause of action does not bar subsequent suit against persons who were not parties to the action. Arthur v. Evangelical Deaconess Society, etc. (A.), 615 S.W.2d 438.