Metairie Tutorship Attorney
When parents pass away, or are unable or unwilling to care for their children, responsible adults must step in and take over parental duties. While it is not necessary to establish a legal tutorship in order to care for a minor child, doing so provides the caretaker with legal safeguards.
In Louisiana, a tutor, commonly referred to as a guardian, is an individual appointed to care for a minor child or an adult child with special needs.
Most tutorships are temporary in nature and terminate when the child reaches the age of 18. However, in certain circumstances, such as when individuals are mentally or physically disabled, tutorships may be permanent. Individuals under permanent tutorship are treated by the law as permanent minors. Tutors retain the right to manage finances, make decisions and maintain legal authority over the individual.
Permanent tutorships are obtained while the child is a minor. Similar arrangements created after an individual has turned 18 are called interdictions.
Obtaining a tutorship
-
Natural Tutor
Parents are the natural tutors of their children. When one parent passes away, the other retains his or her natural tutorship.
-
Tutor By Will
Parents can name tutors in their estate planning documents. Designating a tutor to care for your child in the event of your death or incapacitation is advisable as it allows you to select a person you trust.
-
Tutor by Effect of Law
If parents do not name tutors in their estate planning documents and pass away or are unable to care for their children, the court may appoint a family member, such as a grandparent, aunt or uncle, as tutor.
-
Dative Tutor
When no qualified relatives are available to act as tutor, a judge may appoint a non-relative.
Metairie Interdiction Attorney
When a parent or loved one gets older and the effects of age catch up with them and they are unable to take care of themselves or their finances, a responsible family member must step in and take over. An interdiction allows a responsible family member to protect and provide for a loved one, when other simpler means are no longer available
In Louisiana, a curator, commonly referred to as a conservator, is an individual appointed to care for and manage the property of an adult who is unable to do so for themselves. An interdiction is necessary when an adult is unable to properly care for themselves and/or they are unable to properly manage and maintain their finances.
A person may be interdicted due to a variety of reasons, including being in a permanent comatose state, mental or physical incapacity or disability or a mental or emotional breakdown.
An interdiction requires a court hearing to determine the extent of the interdiction, as well as whether or not there is a less restrictive means to accomplish the goals sought by the interdiction, such as with a power of attorney.
Obtaining an Interdiction
-
Limited Interdiction
The person being interdicted either can still manage their property and finances or take care of themselves, but is unable to do both. The interdiction is limited to the aspect of a person’s life that they are unable to maintain and manage. Limited interdicts may still have the ability to write a will or enter into certain juridical acts.
-
Full Interdiction
The person being interdicted cannot manage their property and finances and take care of themselves. A full interdiction encompasses a person’s personal care as well as their finances. Full interdicts do not have the capacity to write a will or to enter into any form of juridical act.