Louisiana Civil Code

Table of Contents (Download PDF)

SECTION 12 - OF CONTINUING OR PERMANENT TUTORSHIP OF MENTALLY RETARDED PERSONS

Art. 354. Mentally retarded or deficient children may be placed under continuing or permanent tutorship without formal or complete interdiction in accordance with the following rules and the procedures stated in the Louisiana Code of Civil Procedure. [Added by Acts 1966, No. 496, §2]

Art. 355. When a person above the age of fifteen possesses less than two-thirds of the average mental ability of a normal person of the same age, evidenced by standard testing procedures administered by competent persons, the parents of such person, or the person entitled to custody or tutorship if one or both parents be dead, incapacitated, or an absent person, or if the parents be judicially separated or divorced, may, with the concurrence of the coroner of the parish of the mentally deficient person's domicile, petition the court of that district to place such person under a continuing tutorship which shall not automatically end at any age but shall continue until revoked by the court of domicile. [Added by Acts 1966, No. 496, §2.  Amended by Acts 1974, No. 714, §1; Acts 1991, No. 107, §1]

Art. 356. The title of the proceedings shall be Continuing Tutorship of (Name of Person), A Mentally Retarded Person.

(1)  When the person to be placed under the continuing tutorship is above the age of fifteen, and under the age of majority, the proceeding shall be conducted according to the procedural rules established for ordinary tutorships;

(2)  When the person to be placed under the continuing tutorship is above the age of majority, the proceeding shall be conducted according to the procedural rules established for interdictions;

(3)  Upon the petition of both parents of the mentally deficient person during their marriage one parent shall be named as tutor and the other as undertutor, unless for good reasons the judge decrees otherwise. [Added by Acts 1966, No. 496, §2.  Amended by Acts 1974, No. 714, §1]

Art. 357. If the prayer for continuing or permanent tutorship be granted, the decree shall be recorded in the conveyance and mortgage records of the parish of the minor's domicile, and of any future domicile, and in such other parishes as may be deemed expedient. The decree shall not be effective as to persons without notice thereof outside of the parishes in which it is recorded. [Added by Acts 1966, No. 496, §2]

Art. 358. The granting of the decree shall confer upon the tutor and undertutor the same authority, privileges, and responsibilities as in other tutorships, including the same authority to give consent for any medical treatment or procedure, to give consent for any educational plan or procedure, and to obtain medical, educational, or other records, but the responsibility of the tutor for the offenses or quasi-offenses of the retarded person shall be the same as that of a curator for those of the interdicted person and the tutorship shall not terminate until the decree is set aside by the court of the domicile, or the court of last domicile if the domicile of the mentally retarded person is removed from the State of Louisiana. [Added by Acts 1966, No. 496, §2.  Amended by Acts 1979, No. 216, §1]

Art. 359. The decree if granted shall restrict the legal capacity of the mentally retarded person to that of a permanent minor, except that after the age of eighteen the retarded person, unless formally interdicted, shall have the legal capacity of a minor who has been granted the emancipation conferring the power of administration as set forth in Chapter 2, Section 2 of this book and title. [Added by Acts 1966, No. 496, §2. Amended by Acts 1974, No. 714, §1]

Art. 360. In addition to the rights of tutorship, the parents shall retain, during the marriage and for the minority of the retarded child, all rights of administration granted to parents of normal children during their minority. [Acts 1966, No. 496, §2]

Art. 361. The decree restricting his legal capacity may be contested in the court of domicile by the person himself or by anyone adversely affected by the decree, and upon evidence which would justify the full emancipation of a minor above the age of eighteen the decree shall be rescinded and set aside. [Acts 1966, No. 496, §2]

Art. 362. Persons subject to mental or physical illness or disability, whether of a temporary or permanent nature, of such a degree as to render them subject to interdiction, under the provisions of Title IX hereof, remain subject to interdiction as provided in Articles 389 to 399, inclusive, and such other laws as may relate thereto. [Acts 1966, No. 496, §2]

Arts. 363-364. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]

Content for this section is blank.