Does Louisiana call this guardianship or tutorship?

Louisiana calls it tutorship. The proceeding runs on the state's own Civil Code, Book I, Title VIII, and Code of Civil Procedure, Book VII, Title VI, rather than a common law guardianship statute or the uniform guardianship act other states use. Types include tutorship by nature for a surviving parent, tutorship by will, legal tutorship, and dative tutorship, which is the closest fit when a relative or other adult petitions the court.

What court handles a Louisiana tutorship petition?

The district court of the parish, not juvenile court and not a separate probate court outside Orleans Parish. Venue lies in the parish where the surviving or custodial parent is domiciled, or where the minor resides.

Is there an official Louisiana tutorship petition form?

No statewide mandatory petition form for tutorship exists. The petition instead must include the content that the Code of Civil Procedure requires, including the affidavit of relatives.

How long can a Louisiana provisional tutor serve?

There is no fixed statutory maximum. A provisional tutor may be appointed pending a full tutorship if necessary for the minor's welfare, and the appointment continues until the court ends it or a tutor is qualified, unlike states that cap emergency guardianship at a set number of days.

Does a Louisiana tutorship end a parent's parental rights?

No. Tutorship is not adoption and does not end a parent's rights. It ends automatically when the minor reaches majority, or earlier on the minor's emancipation or death.

Who must be notified of a Louisiana tutorship petition?

For a legal or dative tutor petition, the applicant must file an affidavit listing the minor's ascendants and collaterals by blood within the third degree and the surviving spouse of the minor's last deceased parent who reside in the state. Notice is mailed to each by registered or certified mail and published once in the parish, and if no opposition is filed the court may act after ten days from mailing or publication, whichever period is longer.

Does a parent's nomination of a Louisiana tutor control?

Generally, yes. When a parent nominates a tutor by testament or authentic act, the court appoints the nominee as tutor by will unless the nominee is disqualified or the appointment would not serve the minor's best interest.

What is a Louisiana undertutor?

A second, court confirmed private individual, often a relative, required in every tutorship to oversee the tutor and concur in major decisions. Louisiana uses the undertutor in place of a one time court investigator report, and the court may dispense with the requirement only in a small tutorship.

Does a Louisiana tutor need to post bond?

A natural tutor, meaning a surviving or custodial parent, does not post bond and instead records a certificate of the minor's property value. Every other tutor, including a dative tutor, generally must furnish security equal to the value of the minor's movable property, plus any amount the court considers sufficient. In a small tutorship, where the minor's property in the state is worth fifty thousand dollars or less, the court may dispense with security for a legal tutor, and may appoint a dative tutor without security only if no one will accept the tutorship and furnish security.

Louisiana Guardianship of a Minor Petition

Louisiana calls this proceeding tutorship, not guardianship, hears it in the district court of the parish under its own Civil Code and Code of Civil Procedure rather than a common law guardianship statute, and requires a court confirmed undertutor in every tutorship, a requirement the court may dispense with only in a small tutorship.

Find out where you stand in Louisiana

Where are you with the guardianship?

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Introduction

What other states call guardianship of a minor, Louisiana calls tutorship, and it runs on the state's own Civil Code and Code of Civil Procedure. A petition for a legal or dative tutor is filed in the district court of the parish where the surviving or custodial parent is domiciled, or where the minor resides, not in juvenile court and not in a separate probate court outside Orleans Parish. No statewide mandatory tutorship petition form exists; the petition instead follows the content that the Code of Civil Procedure requires. Pending a tutor's appointment, a court may name a provisional tutor if doing so is necessary for the minor's welfare, and Louisiana sets no fixed maximum duration for that provisional tutorship: it continues until the court ends it or a tutor is qualified. Tutorship does not terminate a parent's parental rights and is not adoption, and a parent's tutor nomination by testament or authentic act generally controls unless the nominee is disqualified or the appointment would not serve the minor's best interest. If a child is in immediate danger, contact the child protective agency and consider a protective order rather than relying on a tutorship petition. Attorney review is available before you file.

Key Things to Know

1
Louisiana calls this proceeding tutorship, not guardianship. A petition for a legal or dative tutor is filed in the district court of the parish where the surviving or custodial parent is domiciled, or where the minor resides, not in juvenile court. No statewide mandatory tutorship petition form exists; the petition follows the content the Code of Civil Procedure requires.
2
Tutorship does not terminate a parent's parental rights and is not adoption. A surviving or custodial parent generally becomes tutor by nature automatically, without filing any petition, while dative tutorship applies only when the minor has no tutor by will and no relation entitled to claim the tutorship by effect of law.
3
A provisional tutor can be appointed pending a full tutorship if doing so is necessary for the minor's welfare, and Louisiana sets no fixed maximum duration for that appointment: it lasts until the court ends it or a tutor is qualified, unlike states with a fixed emergency cap.
4
Before a legal or dative tutor is confirmed, the applicant files an affidavit listing the minor's ascendants and collaterals by blood within the third degree and the surviving spouse of the minor's last deceased parent who reside in the state, notice is mailed to each and published once in the parish, and if no opposition is filed the court may act after ten days from mailing or publication, whichever period is longer.
5
A parent's own tutor nomination by testament or authentic act generally controls: the court appoints the nominee unless the nominee is disqualified or the appointment would not serve the minor's best interest.
6
Rather than relying on a one time court investigator report, Louisiana requires that every tutorship have a court confirmed undertutor, a second private individual who must concur in the tutor's major decisions; the court may dispense with that requirement only in a small tutorship.
7
A natural tutor, meaning a surviving or custodial parent, is not required to post bond and instead records a certificate of the minor's property value. Every other tutor generally must furnish security equal to the value of the minor's movable property. In a small tutorship, the court may dispense with security for a legal tutor, and may appoint a dative tutor without security only if no one will accept the tutorship and furnish security.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

IN THE DISTRICT COURT FOR THE PARISH OF [PARISH], STATE OF LOUISIANA

NO. [DOCKET NUMBER]

IN THE INTEREST OF [CHILD'S FULL NAME], A MINOR

PETITION FOR APPOINTMENT OF DATIVE TUTOR

TO THE HONORABLE COURT:

NOW INTO COURT comes [PETITIONER NAME], a person of the full age of majority domiciled in [PARISH] Parish, Louisiana, who respectfully represents:

Petitioner is the [RELATIONSHIP TO CHILD] of [CHILD'S FULL NAME], born [DATE OF BIRTH], presently residing at [CHILD'S ADDRESS] in [PARISH] Parish, Louisiana.

The minor's mother, [MOTHER'S NAME], and father, [FATHER'S NAME], are [STATUS OF EACH PARENT, INCLUDING WHETHER DECEASED, INCAPACITATED, OF UNKNOWN WHEREABOUTS, OR OTHERWISE UNABLE TO CARE FOR THE MINOR]. Neither parent is presently able to exercise the tutorship of the minor.

No tutor has been named for the minor by testament or authentic act, and no relation is entitled to claim the tutorship by effect of law, so this dative tutorship is sought under Louisiana Civil Code article 270.

Attached as Exhibit A is petitioner's affidavit listing, to the best of petitioner's knowledge, the minor's ascendants and collaterals by blood within the third degree and the surviving spouse of the minor's last deceased parent who reside in this state, as Louisiana Code of Civil Procedure article 4065 requires. Notice of this petition will be mailed to each person listed and published once in this parish.

Petitioner is a fit and proper person to serve as tutor and is not disqualified from serving under Louisiana law. Petitioner seeks appointment over [THE PERSON OF THE MINOR, THE MINOR'S PROPERTY, OR BOTH].

Petitioner nominates [UNDERTUTOR'S NAME], domiciled in [PARISH] Parish, to serve as undertutor, as Louisiana Civil Code article 273 requires an undertutor in every tutorship.

Petitioner will furnish security in an amount equal to the value of the minor's movable property shown by the inventory or detailed descriptive list, plus any additional amount the court deems sufficient, as Louisiana Code of Civil Procedure article 4131 requires.

Appointment of a tutor is necessary for the welfare of the minor, and pending that appointment, petitioner requests appointment as provisional tutor under Louisiana Code of Civil Procedure article 4070.

WHEREFORE, petitioner prays that this petition be filed, that notice issue and be published as required by law, that after the delays fixed by Louisiana Code of Civil Procedure article 4067 have run, petitioner be confirmed as dative tutor of the minor, that [UNDERTUTOR'S NAME] be confirmed as undertutor, and for all general and equitable relief.

Respectfully submitted,

[SIGNATURE] [PETITIONER NAME] [ADDRESS] [CITY, LOUISIANA ZIP] [PHONE] [EMAIL]

VERIFICATION

Before me, the undersigned authority, personally came and appeared [PETITIONER NAME], who, being duly sworn, deposed that the allegations of the foregoing petition are true and correct to the best of petitioner's knowledge, information, and belief.

[SIGNATURE OF PETITIONER]

Sworn to and subscribed before me this [DATE].

[NOTARY SIGNATURE AND SEAL]

Louisiana Requirements for Guardianship of a Minor Petition

District Court of the Parish Has Venue
A tutorship petition is filed in the district court of the parish where the surviving or custodial parent is domiciled, or where the minor resides, not in juvenile court and not in a separate probate court outside Orleans Parish (La. Code Civ. Proc. art. 4031).
No Statewide Mandatory Petition Form
Louisiana has no statewide mandatory tutorship petition form. The petition must instead include the content the Code of Civil Procedure requires, including the affidavit of relatives.
Dative Tutorship Requires No Prior Tutor
A dative tutor may be appointed only when the minor has no tutor named by testament or authentic act and no relation entitled to claim the tutorship by effect of law (La. Civ. Code art. 270).
Notice by Affidavit, Mailing, and Publication
The applicant for a legal or dative tutorship must file an affidavit listing the minor's ascendants and collaterals within the third degree and the last deceased parent's surviving spouse who reside in the state; notice is mailed to each and published once in the parish, and if unopposed the court may act after ten days from mailing or publication, whichever period is longer (La. Code Civ. Proc. arts. 4065, 4067).
Parental Nomination Generally Controls
A parent's nomination of a tutor by testament or authentic act generally controls, and the court appoints the nominee unless disqualified or unless the appointment would not serve the minor's best interest (La. Code Civ. Proc. art. 4062).
Provisional Tutor Has No Fixed Maximum Duration
A provisional tutor may be appointed pending a full tutorship when necessary for the minor's welfare, and the appointment continues until terminated by the court or until a tutor is qualified, with no fixed statutory maximum (La. Code Civ. Proc. arts. 4070, 4071).
Every Tutorship Requires an Undertutor
Every tutorship must have a court confirmed undertutor, a private individual who must concur in the tutor's major decisions; the court may dispense with this requirement only in a small tutorship (La. Civ. Code art. 273; La. Code Civ. Proc. art. 4463(C)).
Bond Required for Every Tutor Except a Natural Tutor
A natural tutor is not required to furnish bond and instead records a certificate of the minor's property value. Every other tutor generally must furnish security equal to the value of the minor's movable property, plus an amount the court deems sufficient. In a small tutorship, where the minor's property in the state is worth fifty thousand dollars or less, the court may dispense with security for a legal tutor, and may appoint a dative tutor without security only if no one will accept the tutorship and furnish security (La. Code Civ. Proc. arts. 4131, 4134, 4461, 4463).

Find out where you stand in Louisiana

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Louisiana Requirements for Guardianship of a Minor Petition

District Court of the Parish Has Venue

No Statewide Mandatory Petition Form

Dative Tutorship Requires No Prior Tutor

Notice by Affidavit, Mailing, and Publication

Parental Nomination Generally Controls

Provisional Tutor Has No Fixed Maximum Duration

Every Tutorship Requires an Undertutor

Bond Required for Every Tutor Except a Natural Tutor

Frequently Asked Questions