Urgent: Took In A Parentless Student—should Her Uncle Control Her Worker's Comp Settlement?

In December 2023, one of my students, a 16-year-old junior, lost her only parent when her father died in a workplace accident. The news was devastating. She had no family in our state (Minnesota) except for an uncle she barely knew who lived in Iowa. Faced with the possibility of foster care, she chose to live with my family so she could finish high school. My husband and I have since become her legal guardians.

She is from Honduras and has two half-siblings there (ages 6 and 10) from different mothers. Her uncle arranged for a personal injury lawyer for her father's case and facilitated the return of her father’s body to Honduras. The lawyer secured workers' compensation benefits, and since January 2024, she has been receiving weekly checks, with the understanding that a lump sum may follow when the case concludes.

However, the uncle has been the primary decision-maker regarding the case. Despite becoming her legal guardians in October 2024, my husband and I struggled to access information about the case until today, when we finally spoke with the lawyer. We learned that mediation is scheduled for Tuesday and that the uncle will make decisions about the settlement, which could prioritize the younger siblings' long-term benefits. The lawyer mentioned it’s too late for us to engage separate representation and implied that her interests might not be fully addressed.

To complicate matters, the uncle has previously kept funds raised locally for her, showing little care for her well-being. She recently turned 18, and we’re unsure if her age or legal status changes anything regarding her ability to advocate for herself or appoint her own lawyer.

Is it too late to secure independent legal counsel to represent her interests? If not, what steps should we take immediately? If it is too late, is there anything else we can do to ensure she receives the benefits she’s entitled to? Any advice would be greatly appreciated as we’re feeling overwhelmed and unsure where to turn on such short notice.