LA risk area
Guardianship risk in Louisiana
How courts appoint guardians for minors when no plan is in place.
Louisiana uses tutorship for minors: the surviving parent is tutor by right, and courts appoint a tutor when no parent or appointed tutor is available.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- Upon the death of a parent, tutorship belongs of right to the surviving parent.
- A surviving parent may appoint a tutor by will or a notarial declaration.
- If a minor has no tutor by right or appointment, the court appoints a dative tutor.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in Louisiana
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Louisiana uses tutorship for minors: the surviving parent is tutor by right, and courts appoint a tutor when no parent or appointed tutor is available.
- Upon the death of a parent, tutorship belongs of right to the surviving parent.
- A surviving parent may appoint a tutor by will or a notarial declaration.
- If a minor has no tutor by right or appointment, the court appoints a dative tutor.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Sources
- https://law.justia.com/codes/louisiana/civil-code/article-250/
- https://law.justia.com/codes/louisiana/civil-code/article-257/
- https://law.justia.com/codes/louisiana/civil-code/article-270/
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Louisiana.