Louisiana Civil Code

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SECTION 4 - OF THE TUTORSHIP BY THE EFFECT OF THE LAW

Art. 263. When a tutor has not been appointed to the minor by father or mother dying last, or if the tutor thus appointed has not been confirmed or has been excused, then the judge shall appoint to the tutorship, from among the qualified ascendants in the direct line, collaterals by blood within the third degree and the surviving spouse of the minor's mother or father dying last, the person whose appointment is in the best interests of the minor. [Amended by Acts 1976, No. 429, §1]

Arts. 264-269. [Repealed. Acts 1976, No. 429, §2]

 

SECTION 5 - OF DATIVE TUTORSHIP

Art. 270. When a minor is an orphan, and has no tutor appointed by his father or mother, nor any relations who may claim the tutorship by effect of law, or when the tutor appointed in some of the modes above expressed is liable to be excluded or disqualified, or is excused legally, the judge shall appoint a tutor to the minor. [Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961]

Art. 271. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Arts. 272. [Repealed. Acts 1952, No. 141, §2]

 

SECTION 6 - OF THE UNDERTUTOR

Art. 273. In every tutorship there shall be an undertutor. [Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961]

Arts. 274-277. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 278. The undertutor who fails or neglects to cause to be inscribed in the manner required by law, the evidence of the minor's legal mortgage against his tutor, shall be liable for all the damages which the minor may sustain in consequence of such failure or neglect; and this claim for damages shall not be prescribed so long as the minor's right of action exists against his tutor.

Art. 279. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Art. 280. The duties of the undertutor are at an end at the same time with the tutorship.

 

SECTION 7 - OF FAMILY MEETINGS

Arts. 281-291. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

 

SECTION 8 - OF THE CAUSES WHICH DISPENSE OR EXCUSE FROM THE TUTORSHIP

Art. 292. The following persons are dispensed or excused from the tutorship by the privilege of their offices or functions:

1.  The Governor and the Secretary of State;

2.  The judges of the different courts of this State and the officers of the same;

3.  The Mayor of the city of New Orleans;

4.  The Collector of the Customs;

5.  The officers and soldiers attached to the regular troops, whether on land or sea service, employed and in actual service in this State, and all the officers who are intrusted in this State with any mission from the Government, as long as they are employed;

6.  Preceptors and other persons keeping public schools, as long as they remain in the useful and actual exercise of their profession;

7.  Ministers of the gospel.

Art. 293. The persons mentioned in the preceding article, who have accepted a tutorship posterior to their being invested with the offices, engaged in the service, or intrusted with the mission which dispenses from it, shall not be admitted to be excused on that account.

Art. 294. Those, on the contrary, who shall have been invested with offices, who shall have engaged in the service, or shall have been intrusted with commissions, posterior to their acceptation and administration of a tutorship, may, if they do not choose to continue to act as tutor, be excused from the tutorship, and apply for the appointment of another tutor to supply their place.

Art. 295. No person, who is not a relation of the minor by consanguinity, or who is only related to him beyond the fourth degree, can be compelled to accept the tutorship.

Art. 296. Every person who has attained the age of sixty-five years, may refuse to be a tutor.

The person who shall have been appointed prior to that age, may be excused from the tutorship at the age of seventy years.

Art. 297. Every person affected with a serious infirmity, may be excused from the tutorship, if this infirmity be of such nature as to render him incapable of transacting his own business.

He may even be discharged from the tutorship, if such infirmity has befallen him after his appointment.

Art. 298. The person who is appointed to two tutorships has a legal excuse for not accepting a third.

A parent who has been appointed to one tutorship shall not be compelled to accept a second tutorship, except it be that of his own children. [Amended by Acts 1974, No. 163, §3]

Art. 299. The tutor, who has excuses to offer against his appointment, must propose them to the judge who has appointed him, within ten days after he has been acquainted with his appointment, or after the same shall have been notified to him, which period shall be increased one day for every ten miles distance from his residence to the place where his appointment was made, and after this delay he shall no longer be admitted to offer any excuse, unless he has sufficient reason to account for such delay.

Art. 300. During the time of the pendency of the litigation relative to the validity of his excuses, the tutor who is appointed shall be bound provisionally to administer as such, until he shall have been regularly discharged.

Art. 301. The causes herein expressed, or any other, cannot excuse a parent from the obligation of accepting the tutorship of his children. [Amended by Acts 1974, No. 163, §3]

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