Louisiana Civil Code

Table of Contents (Download PDF)

SECTION 12 - OF CONTINUING OR PERMANENT TUTORSHIP OF PERSONS WITH INTELLECTUAL DISABILITIES

Art. 354. Persons, including children, with intellectual disabilities or mental deficiencies 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. Amended by Acts 2014, No. 26, §1, eff. Aug. 1, 2014]

Art. 355. When a person above the age of fifteen possesses less than two-thirds of the intellectual functioning of a person of the same age with average intellectual functioning, evidenced by standard testing procedures administered by competent persons or other relevant evidence acceptable to the court, the parents of such person, or the person entitled to custody or tutorship if one or both parents are dead, incapacitated, or an absent person, or if the parents are judicially separated or divorced, may, with the concurrence of the coroner of the parish of the intellectually disabled 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. The petitioner shall not bear the coroner’s costs or fees associated with securing the coroner’s concurrence. [Added by Acts 1966, No. 496, §2. Amended by Acts 1974, No. 714, §1; Acts 1991, No. 107, §1; Acts 2016, No. 115, §1, eff. Aug. 1, 2016]

Art. 356. The title of the proceedings shall be Continuing Tutorship of (Name of Person), Person with an Intellectual Disability (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. Amended by Acts 2014, No. 26, §1, eff. Aug. 1, 2014]

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 person with an intellectual disability 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 person with an intellectual disability is removed from the State of Louisiana. [Added by Acts 1966, No. 496, §2. Amended by Acts 1979, No. 216, §1. Amended by Acts 2014, No. 26, §1, eff. Aug. 1, 2014]]

Art. 359. The decree if granted shall restrict the legal capacity of the person with an intellectual disability to that of a permanent minor, except that after the age of eighteen the 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. Amended by Acts 2014, No. 26, §1, eff. Aug. 1, 2014]]

Art. 360. In addition to the rights of tutorship, the parents shall retain, during the marriage and for the minority of the child with an intellectual disability, all rights of administration granted to parents of children without an intellectual disability during their minority. [Acts 1966, No. 496, §2. Amended by Acts 2014, No. 26, §1, eff. Aug. 1, 2014]]

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.



Provide Website Feedback / Accessibility Statement / Privacy Statement