Louisiana Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Louisiana instrument is the Provisional Custody by Mandate of Persons Having Parental Authority under La. R.S. 9:951-954. A person having parental authority signs it and the mandatary accepts. R.S. 9:954 prints a suggested form that may be used. There is no numbered agency or court form.

2. 2

   The stated term may not exceed one year from the date of execution (R.S. 9:952(A)). The suggested form reads effective until a date, or one year from the date of the document, whichever period is shorter. The statute text does not address renewal.

3. 3

   R.S. 9:951 requires a written mandate. The suggested form in R.S. 9:954 is styled as a notarial act, with a notary, two competent witnesses, a signature line for the person having parental authority and another for any other person having parental authority, and a mandatary acceptance. The statute text does not state a filing or delivery step or a notice to the other parent.

4. 4

   Under R.S. 9:953 the mandate may provide for consent to medical care, treatment or surgery, enrolling the child in schools, discipline, and all other acts necessary for shelter, support and general welfare. The list is not closed. No exclusion is listed in R.S. 9:951-953. The statute gives no reliance protection to schools or providers for this mandate. The suggested form has the parent agree that third parties may rely on it and promise to indemnify them. This page does not promise that any school or provider must accept the document.

5. 5

   The mandate ends when revoked by any person having parental authority, so one parent can revoke alone. It also ends when the mandatary resigns or renounces, 15 days after the death of any person having parental authority, or when a court-appointed tutor or provisional tutor qualifies. The parent may choose any natural person. The statute states no relative requirement and no minimum age.

6. 6

   This is not a court guardianship. It is made in writing without a court, and it does not terminate or reduce a parent's rights. The word custody in the title is the statute's own term. A separate form, the Non-Legal Custodian's Affidavit under La. R.S. 9:975, is signed by the caregiver, who must be an adult 18 or older, and is valid for no more than one year after it is executed.

7. 7

   Pending the appointment of a tutor, a Louisiana court may appoint a provisional tutor of a minor under La. C.C.P. art. 4070 when necessary for the welfare of the minor or for the preservation of his property, on application of an interested person or on the court's own motion. The provisional tutor continues until the court ends the appointment or a tutor qualifies, and has an oath and security requirement. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Louisiana child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Louisiana Requirements for Temporary Guardianship Agreement

• Written Mandate by Person Having Parental Authority

  A person having parental authority over a child may delegate the provisional custody of that child by written mandate to any natural person (La. R.S. 9:951).

• One-Year Maximum Term

  The mandate is effective for the term stipulated, but the stated term may not exceed one year from the date of execution (La. R.S. 9:952(A)).

• Notary and Two Witnesses in the Suggested Form

  The suggested form is styled as a notarial act with two competent witnesses. R.S. 9:951 requires a written mandate (La. R.S. 9:951, 9:954).

• Mandatary Acceptance

  The suggested form includes the mandatary's acceptance of the provisional custody of each child named, with a mandatary signature line (La. R.S. 9:954).

• Powers the Mandate May Cover

  Consent to medical care, treatment or surgery, enrolling the child in school, discipline, and all other acts necessary for shelter, support and general welfare. The list is not closed (La. R.S. 9:953).

• Revocation by Any Person Having Parental Authority

  The mandate ends when revoked by any person having parental authority, when the mandatary resigns or renounces, 15 days after the death of any person having parental authority, or upon qualification of a court-appointed tutor or provisional tutor (La. R.S. 9:952(B)).

• Any Natural Person as Mandatary

  The mandatary may be any natural person. R.S. 9:951-954 states no relative requirement and no minimum age (La. R.S. 9:951).

• Third-Party Reliance and Indemnity Clause

  The suggested form has the parent agree that third parties may rely on the mandate and promise to indemnify them for claims arising from that reliance (La. R.S. 9:954).