reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 4271 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4271. Court approval of action affecting minor's interest

The tutor shall file a petition setting forth the subject matter to be determined affecting the minor's interest, with his recommendations and the reasons therefor, and with a written concurrence by the undertutor. If the court approves the recommendations, it shall render a judgment of homologation. The court may require evidence prior to approving the recommendations. If the undertutor fails to concur in the tutor's recommendations, the tutor shall proceed by contradictory motion against him. After such hearing and evidence as the court may require, the court shall decide the issues summarily and render judgment.
LA Code Civ Pro art. 4272 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4272. Court approval of payments to minor

  Court approval of payments to a minor shall be governed by the provisions of Article 4521.  Acts 1993, No. 867, §1, eff. June 23, 1993; Acts 1995, No. 122, §1; Acts 2008, No. 716, §1; Acts 2018, No. 607, §1.
LA Code Civ Pro art. 4273 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4273. Appointment of agent

A tutor who is a nonresident, or who is about to leave the state permanently, shall execute a power of attorney appointing a resident of this state to receive service of process in any action brought against him in his capacity as tutor; and may authorize this agent to represent him in all matters relating to the tutorship. A tutor who is domiciled in the state and who will be absent temporarily therefrom may similarly appoint such an agent for either or both of these purposes. In all cases, the power of attorney shall be filed in the tutorship proceeding. Amended by Acts 1964, No. 4, §1.
LA Code Civ Pro art. 4274 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4274. Compensation of tutor

The court shall allow the tutor reasonable compensation for his services annually, which shall not exceed ten percent of the annual revenues of the minor's property, unless increased by the court upon proper showing that this would be inadequate. Amended by Acts 1966, No. 36, §1.
LA Code Civ Pro art. 4275 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4275. Donations to or by minor

The tutor may accept donations made to the minor, but he cannot make donations of any property of the minor.
LA Code Civ Pro art. 4301 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4301. Purpose of sale or exchange

A tutor may sell or exchange any interest of a minor in property, owned either in its entirety or in indivision, for any purpose, when authorized by the court as provided in Article 4271.
LA Code Civ Pro art. 4302 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4302. Terms of sale

A sale of minor's property shall be for cash, unless upon the petition of the tutor the court authorizes a credit sale. When a credit sale is authorized, the order shall specify the terms of the sale and the security.
LA Code Civ Pro art. 4303 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4303. Perishable property; crops

Upon the petition of the tutor as provided in Article 4321 or 4341, the court may order the immediate sale of perishable property and growing crops either at public auction or private sale, without appraisal, and without advertisement, or with such advertisement as the court may direct.
LA Code Civ Pro art. 4304 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4304. Additional bond prior to sale of immovables

Before authorizing a sale of a minor's immovable property, the court may require the tutor to furnish additional security in an amount fixed by the court.
LA Code Civ Pro art. 4361 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4361. Adjudication of minor's interest to parent co-owner

The parent of a minor who owns property in common with him may obtain a judgment adjudicating the share of the minor either in all of the property or any part thereof to the parent at a price fixed under oath by experts appointed by the court. The adjudication may be made even though there are other co-owners. The proposed adjudication must be approved by the court after compliance with Article 4271.
LA Code Civ Pro art. 4362 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4362. Recordation of judgment; mortgage in favor of minor

A. A judgment adjudicating immovable property shall be effective only after it is recorded in the conveyance records of the parish where the property is situated. If the price of the adjudication has not been paid, the minor shall have a vendor's privilege against the property adjudicated for the unpaid price, and the judgment of adjudication shall also be recorded in the mortgage records of such parish. B. The provisions of this Article shall apply only to adjudications made six months from and after July 1, 2006. Those made before such time shall continue to be regulated by the provisions of this Article as it existed prior to July 1, 2006. Acts 2005, No. 169, §3, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
LA Code Civ Pro art. 4363 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4363. Security instead of mortgage

Instead of the mortgage provided in Article 4362, the parent may furnish security as provided in Article 4132 or a special mortgage as provided in Article 4133. The amount of the security or special mortgage shall be equal to the price of the adjudication.
LA Code Civ Pro art. 4371 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4371. Petition for authority to exchange

In addition to the requirements of Article 4271, a petition for authority to exchange the property of a minor for other property, or for other property and cash, shall set forth a description of both properties, the tutor's opinion of the values thereof, the conditions of the exchange, and the reasons why such an exchange would be advantageous to the minor. Added by Acts 1962, No. 92, §5.
LA Code Civ Pro art. 4391 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4391. Duty to account; annual accounts

A tutor shall file an account annually, reckoning from the day of his appointment, and at any other time when ordered by the court on its own motion or on the application of any interested person.
LA Code Civ Pro art. 4392 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4392. Final account

A tutor may file a final account at any time after expiration of the tutorship. The court shall order the filing of a final account upon the application of the former minor after the expiration of the tutorship, or upon the rendition of a judgment ordering the removal of a tutor or authorizing his resignation.
LA Code Civ Pro art. 4393 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4393. Contents of account

The account of a tutor shall contain the same matters required by Article 3333 for an account of a succession representative.
LA Code Civ Pro art. 4394 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4394. Service of account

A copy of an account filed by a tutor, together with a notice that the account can be homologated after the expiration of ten days from the date of service and that any opposition must be filed before homologation, shall be served in the manner provided for service of citation:  (1) Upon the undertutor, if an annual account or other interim account is ordered by the court;  (2) Upon the former minor, if a final account is rendered after expiration of the tutorship; or  (3) Upon the successor tutor, if a final account is rendered after removal, resignation, death, or interdiction of a tutor.
LA Code Civ Pro art. 4395 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4395. Opposition; homologation

An opposition to an account may be filed any time prior to homologation. An opposition shall be tried as a summary proceeding. If no opposition has been filed, the court may homologate the account at any time after the expiration of ten days from the date of service as provided in Article 4394.
LA Code Civ Pro art. 4396 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4396. Effect of homologation

A judgment homologating any account other than a final account shall be prima facie evidence of the correctness of the account. A judgment homologating a final account has the same effect as a final judgment in an ordinary action.
LA Code Civ Pro art. 4397 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4397. Deceased or interdicted tutor

If a tutor dies, an account of his administration may be filed by his succession representative or heirs. If a tutor is interdicted, such an account may be filed by his curator. The court shall order the filing of such an account in either case, on the petition of an interested person.
LA Code Civ Pro art. 4398 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4398. Cost of accounting

Accounts filed by a tutor are at the expense of the minor, except that an account filed by a tutor who has been removed or an account not filed timely is at the expense of the tutor.
LA Code Civ Pro art. 4431 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4431. Foreign tutor; authority and powers

Upon producing proof of his appointment, a tutor or guardian of a minor residing outside Louisiana, appointed by a court outside Louisiana, may appear in court on behalf of the minor without qualifying as tutor according to the law of Louisiana, when no tutor has been appointed in this state. He may perform acts affecting the minor's property in Louisiana, when authorized by the court of the parish in which the property is situated, in the same manner as a tutor appointed by a court in Louisiana. Whenever the action of an undertutor would be necessary, an undertutor ad hoc shall be appointed by the court.
LA Code Civ Pro art. 4432 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4432. Possession or removal of property from state

In order to take possession of the minor's property, or to remove any of it from the state, a tutor or guardian appointed by a court outside Louisiana shall file a petition for authority to do so in the court of the parish where the property, or any of it, is situated. The court shall render a judgment granting the authority prayed for, if the foreign tutor or guardian alleges in his petition that there are no Louisiana creditors of the minor, or that all such known creditors have been paid; and attaches to his petition an irrevocable power of attorney appointing a resident of this state to receive service of process in any action or proceeding brought in Louisiana to enforce a claim against the minor, or against any of the minor's property in this state. Amended by Acts 1966, No. 36, §1.
LA Code Civ Pro art. 4433 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4433. Foreign tutor qualifying in Louisiana; authority

A tutor or guardian of a minor residing outside Louisiana, appointed by a court outside Louisiana, may be appointed as tutor by a court of competent jurisdiction in Louisiana, as provided in Article 4032. The procedure shall be the same as provided by law for the tutorship of a minor residing in Louisiana. After such qualification the tutor has the same rights and responsibility as a tutor originally qualified in Louisiana.
LA Code Civ Pro art. 4461 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4461. Small tutorship defined

For the purposes of this Chapter, a small tutorship is the tutorship of a minor whose property in Louisiana has a gross value of fifty thousand dollars or less. Amended by Acts 1976, No. 437, §1; Acts 1979, No. 71, §1, eff. Jan. 1, 1980; Acts 2013, No. 118, §1, eff. June 5, 2013.
LA Code Civ Pro art. 4462 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4462. Inventory dispensed with

In a proceeding under this Chapter, the applicant for the tutorship may file a detailed descriptive list of the property instead of an inventory. The list shall be sworn to and subscribed by the applicant, and shall set forth the location and fair market value of each item of property. The list has the same effect as an inventory, and an abstract thereof recorded in the mortgage records preserves the legal mortgage of the minor.
LA Code Civ Pro art. 4463 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4463. Tutor without bond

A. The court may dispense with the furnishing of security by a legal tutor appointed in a proceeding under this Chapter. B. If the court is satisfied that no one will accept the dative tutorship of a minor in a proceeding under this Chapter and furnish the usual security, if required, it shall appoint a dative tutor, who shall comply with all requirements except that of furnishing security. C. The court may dispense with the appointment of an undertutor in a proceeding under this Chapter. Acts 1990, No. 45, §1; Acts 2013, No. 118, §1, eff. June 5, 2013.
LA Code Civ Pro art. 4464 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4464. Court costs

In proceedings under this Chapter, court costs shall be one-half of the court costs in similar proceedings in larger tutorships, provided that the minimum costs in any case shall be one hundred dollars. Acts 2013, No. 118, §1, eff. June 5, 2013.
LA Code Civ Pro art. 4501 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4501. Father or mother as administrator of minor's property

  A. Except as otherwise provided by law, during marriage, the parents shall seek court approval to alienate, encumber, or lease the property of the minor, incur an obligation of the minor, or compromise a claim of the minor, in the same manner and using the same procedure as a tutor. The parents shall petition jointly, unless one parent is mentally incompetent, interdicted, or imprisoned, or is an absent person, in which case the other parent shall petition alone. One parent may also petition alone, with permission of the court, if the other parent fails or refuses to do so.  B. An ascendant having parental authority shall be considered a parent for the purposes of this Article.  Acts 2003, No. 467, §1; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
LA Code Civ Pro art. 4502 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4502. Repealed

  Amended by Acts 1975, No. 566, §1; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
LA Code Civ Pro art. 4521 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4521. Payments to minor

  A. In approving any proposal by which a minor is to be paid funds as the result of a judgment or settlement, the court may order:  (1) That the funds be paid directly into the registry of the court for the minor's account, to be withdrawn only upon approval of the court. Withdrawn funds shall be invested directly in an interest-bearing investment as approved by the court unless the court for good cause approves another disposition.  (2) That the funds be invested directly in an interest-bearing investment approved by the court, unless the court for good cause approves another disposition.  (3) That the funds be placed in trust in accordance with the Louisiana Trust Code to be administered by an individual or corporate trustee as determined by the court. However, the court shall not order funds which will be paid to an unemancipated minor who is in the legal custody of the Department of Children and Family Services to be placed in trust if the amount of the judgment or settlement is less than fifty thousand dollars.  (4) That the funds be paid under a structured settlement agreement as approved by the court that provides for periodic payments and is underwritten by a financially responsible entity that assumes responsibility for future payments.  (5) Any combination of Subparagraphs (1) through (4) of this Paragraph.  B. In determining whether a proposed periodic payment schedule is in the best interest of the minor, the court shall consider the following factors:  (1) Age and life expectancy of the minor.  (2) Current and anticipated financial needs of the minor.  (3) Income and estate tax implications.  (4) Impact on eligibility for government benefits.  (5) Present value of the proposed payment arrangement and the method by which the value is calculated.  Added by Acts 1984, No. 296, §1; Acts 2008, No. 716, §1; Acts 2015, No. 260, §2, eff. Jan. 1, 2016; Acts 2018, No. 607, §1; Acts 2019, No. 17, §§1, 2, eff. May 24, 2019.
LA Code Civ Pro art. 4522 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4522. Repealed

  Acts 2008, No. 716, §1; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
LA Code Civ Pro art. 4541 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4541. Petition for interdiction

  A. Any person may petition for the interdiction of a natural person of the age of majority or an emancipated minor. The petitioner shall verify the petition and, to the extent known, shall set forth the following with particularity:  (1) The name, domicile, age, and current address of the petitioner and his relationship to the defendant.  (2) The name, domicile, age, and current address of the defendant and the place the petitioner proposes the defendant will reside if the relief sought in the petition is awarded.  (3) The reasons why interdiction is necessary, including a brief description of the nature and extent of the alleged infirmities of the defendant.  (4) If full interdiction is requested, the reasons why limited interdiction is inappropriate.  (5) If limited interdiction is requested, the capacity sought to be removed from the limited interdict, and the powers sought to be conferred upon the limited curator.  (6) The name and address of the spouse of the defendant.  (7) The name and address of the adult children of the defendant or, if he has none, of his parents and siblings or, if he has none, of his nearest adult relative.  (8) The name and address of any legal representative of the defendant.  (9) The name and address of any person previously designated as curator by the defendant in a writing signed by the defendant.  (10) The name, domicile, age, education, and current address of the proposed curator, and the reasons why the proposed curator should be appointed.  (11) A description with particularity of the petitioner's efforts to use less restrictive means before seeking interdiction, including all of the following:  (a) The less restrictive means for meeting the defendant's needs that were considered or implemented.  (b) If a less restrictive means was not considered or implemented, the reason that the less restrictive means was not considered or implemented.  (c) The reason a less restrictive means is insufficient to meet the needs of the defendant.  B. The petitioner shall make a reasonable effort to obtain the information required by this Article.  Amended by Acts 1961, No. 23, §1; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2; Acts 2020, No. 258, §1.
LA Code Civ Pro art. 4542 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4542. Venue

Venue for an interdiction proceeding is the parish where the defendant is domiciled, where he resides if he has no domicile in this state, or where he is physically present if he has no residence in this state. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4543 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4543. Service upon defendant and notice to interested persons

A. Service of the citation and petition shall be personal. Nevertheless, if the defendant is domiciled in this state, but is located elsewhere, service may be made by the delivery of a certified copy of the petition, citation, and all attachments, to the defendant personally by any person over the age of eighteen years. Service is effective as of the date a notarized affidavit is filed into the record affirming the personal delivery. Failure to serve the defendant as provided in this Paragraph shall preclude the court from granting the relief sought in the petition. B. Within three days of filing the petition, the petitioner shall mail a copy of the petition by certified mail, return receipt requested, to the last known address of each other person named in the petition. Failure to mail a copy of the petition to any such person shall not affect the validity of the proceeding, but may subject the petitioner or his attorney to sanctions. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4544 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4544. Appointment of attorney

A. If the defendant makes no timely appearance through an attorney, the petitioner shall apply for an order appointing an attorney to represent the defendant. Pursuant to such a motion, or on its own motion, the court shall appoint an attorney to represent the defendant. If the defendant either retains his own attorney, or intelligently and voluntarily waives the assistance of an attorney, the court shall discharge the court-appointed attorney. The court-appointed attorney shall represent the defendant until discharged by the court. B. The attorney representing a defendant shall personally visit the defendant, unless such visit is excused by the court for good cause. To the extent possible, the attorney shall discuss with the defendant the allegations in the petition, the relevant facts and law, and the rights and options of the defendant regarding the disposition of the case. Failure of the attorney to perform any of the duties imposed by this Paragraph shall not affect the validity of the proceeding, but may subject the attorney to sanctions. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4545 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4545. Appointment of examiner

After the filing of a petition for interdiction, the court may appoint an examiner who has training or experience in the type of infirmity alleged. The court may compel the defendant to submit to an examination by the examiner. Not less than seven days prior to a hearing, the examiner shall provide a written report to the court, all counsel of record, and any unrepresented parties. The report shall include such matters as the court directs. The report may consider the infirmities suffered by the defendant, the appropriateness of interdiction, including whether a less restrictive means of intervention is available, the type of interdiction that is appropriate, and any other relevant matters. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4546 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4546. Fixing of hearings or trial

A hearing or trial in an interdiction proceeding shall be fixed and notice shall be served in the manner prescribed for summary proceedings. In addition, such notice shall be served on the defendant in the manner prescribed by Article 4543(A). Except as provided in Article 4549, the petitioner shall mail a copy of the order fixing a hearing or trial by first-class United States mail, postage prepaid, to the last known address of each other person named in the petition at least ten days prior to the hearing. Failure to mail a copy of the order to any such person shall not affect the validity of the proceeding, but may subject the petitioner or his attorney to sanctions. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
LA Code Civ Pro art. 4547 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4547. Hearing

An interdiction proceeding shall be heard summarily and by preference. The defendant has a right to be present at the hearing and the court shall not conduct the hearing in his absence, unless the court determines that good cause exists to do so. The defendant has the right to present evidence, to testify, to cross-examine witnesses, and to otherwise participate at the hearing. If the defendant is unable to come to the courthouse for the hearing, the judge may hold the hearing where the defendant is located. The hearing may be closed for good cause. The court may call witnesses not called by the parties and may require the presence of a proposed curator. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.