On order of the Court, notice of proposed changes having been provided, and consideration having been given to the comments received in response to that notice, the following amendment of subchapter 2.400 of the Michigan Court Rules is adopted to be effective May 1, 1998.
Bold text indicates new text.
Before an action is commenced, the settlement of a claim on behalf of a minor or an incompetent person is governed by the Revised Probate Code. In actions covered by this rule, a proposed consent judgment , settlement, or dismissal pursuant to settlement must be brought before the judge to whom the action is assigned, and the judge shall pass on the fairness of the proposal. If the next friend, guardian, or conservator is a person who has made a claim in the same action and will share in the settlement or judgment of the minor or incompetent person, then a guardian ad litem for the minor or incompetent person must be appointed by the judge before whom the action is pending to approve the settlement or judgment. The following provisions apply to settlements for minors. The May 1998 amendment of MCR 2.420 was based on a recommendation from the Michigan Judges Association to resolve the potential conflict that arises when a spouse serves as guardian or conservator for an incompetent person and settles a personal-injury lawsuit with a consortium claim.