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2023 Louisiana Laws › Code of Civil Procedure › Art. 4397. Deceased or interdicted tutor

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4431. Foreign tutor; authority and powers

CHAPTER 11. ANCILLARY TUTORSHIP 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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4432. Possession or removal of property from state

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4433. Foreign tutor qualifying in Louisiana; authority

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4461. Small tutorship defined

CHAPTER 12. SMALL TUTORSHIPS
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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4462. Inventory dispensed with

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4463. Tutor without bond

Art. 4463. Tutor without bond; undertutor
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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4501. Father or mother as administrator of minor's property

TITLE VII. ADMINISTRATION OF MINOR'S PROPERTY
DURING MARRIAGE OF PARENTS
Art. 4501. Rights of parents during marriage over 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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4521. Payments to minor

TITLE VII-A. ADMINISTRATION OF COURT JUDGMENT IN FAVOR OF MINOR
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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4541. Petition for interdiction

TITLE VIII. INTERDICTION AND CURATORSHIP OF INTERDICTS
CHAPTER 1. IN GENERAL
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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4542. Venue

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4543. Service upon defendant and notice to interested persons

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4544. Appointment of attorney

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4545. Appointment of examiner

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4546. Fixing of hearings or trial

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4547. Hearing

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4548. Burden of proof

Art. 4548. Burden of proof
The petitioner in an interdiction proceeding bears the burden of proof by clear and convincing evidence.
Amended by Acts 1961, No. 23, §1; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4549. Temporary and preliminary interdiction; attorney

Art. 4549. Temporary and preliminary interdiction; attorney
A. Temporary Interdiction: (1) When the court finds that immediate and irreparable injury, loss, or damage will result to the person or property of the defendant before a hearing can be held, the court may order temporary interdiction without notice and without an adversarial hearing. In that order, the court shall state why the order was granted without notice and without an adversarial hearing and shall schedule a preliminary interdiction hearing to be held not more than ten days following the signing of the ex parte judgment of temporary interdiction. On motion of the defendant or for extraordinary reasons shown at a contradictory hearing, the court may continue the hearing for one additional period not to exceed ten days.
(2) A pleading requesting ex parte temporary interdiction shall be accompanied by all of the following:
(a) An affidavit by a licensed physician or psychologist attesting to facts supporting the claim that all grounds for temporary interdiction set forth in Civil Code Article 391 exist.
(b) A verified petition or affidavit attesting to facts supporting the claim that immediate and irreparable injury, loss, or damage will result to the person or property of the defendant before he or his attorney can be heard.
(c) An affidavit by the movant or his attorney attesting to the efforts made to give notice to the defendant or the reasons supporting a claim that notice should not be required.
B. Preliminary Interdiction: (1) The court shall not grant a judgment of preliminary interdiction prior to an adversarial hearing. The court shall conduct a preliminary interdiction hearing within twenty days of signing the order scheduling the hearing.
(2) No later than seventy-two hours prior to a preliminary interdiction hearing, all orders, pleadings, and supporting documents shall be served personally on the defendant and his attorney. To the extent possible, the movant shall give reasonable notice of the preliminary interdiction hearing to all other persons named in the petition.
C. Attorney. In an ex parte judgment of temporary interdiction and in every order scheduling a preliminary interdiction hearing, 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.
Acts 1983, No. 344, §1; Acts 1997, No. 1117, §2; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4550. Costs and attorney fees

Art. 4550. Costs and attorney fees
The court may render judgment for costs and attorney fees, or any part thereof, against any party, as the court may consider fair. However, no attorney fees shall be awarded to a petitioner when judgment is granted against the petitioner or the petition is dismissed on the merits.
Amended by Acts 1981, No. 304, §1; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4551. Judgment

Art. 4551. Judgment
A. In the judgment of interdiction, the court shall:
(1) Appoint a curator.
(2) Appoint an undercurator, unless an undercurator is not required by law.
(3) State that the powers of the curator commence only upon qualification.
(4) Direct the clerk of court to record the judgment in the conveyance and mortgage records of the parish where it was rendered.
(5) Set forth the name, domicile, age, and current address of the defendant.
B. In addition, a judgment of limited interdiction shall confer upon the limited curator only those powers necessitated by the interests of the limited interdict to be protected through limited interdiction and shall state that the limited interdict retains the capacity of a natural person except as expressly limited by the judgment.
C. In addition, a judgment granting or extending temporary or preliminary interdiction shall set forth the date of termination.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2016, No. 122, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4552. Recordation of notice of suit and judgment

Art. 4552. Recordation of notice of suit and judgment
A. The clerk of court shall cause to be recorded a notice of the filing of the interdiction suit in the conveyance and mortgage records of the parish in which the interdiction action is pending. The clerk of court shall record every judgment granting, modifying, or terminating interdiction in the conveyance and mortgage records of the parish in which the judgment was rendered.
B. Within fifteen days of his qualification, the curator shall cause the judgment of interdiction to be recorded in the conveyance and mortgage records of every other parish in which the interdict owns immovable property. Within fifteen days from the signing of a judgment modifying or terminating interdiction, the curator shall cause it to be recorded in the conveyance and mortgage records of every other parish in which the interdict owns immovable property.
C. A clerk or curator whose failure to perform his duties causes damage is liable only to those who contract with the interdict and who neither knew nor should have known of the interdiction proceedings or judgment.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4553. Post-judgment proceedings

Art. 4553. Post-judgment proceedings
A. Except for good cause shown, the court and division or section rendering an interdiction judgment shall conduct all post-judgment proceedings related to the interdiction.
B. Except for good cause shown, all proceedings for injunction pursuant to Article 3601 et seq., including ancillary proceedings, involving an interdicted person as applicant or as an adverse party, shall be conducted by the court and division or section rendering the interdiction judgment.
C. Any proceeding under this Article pending in any court or division, or section, other than the court and division or section rendering the interdiction judgment, shall be transferred immediately to the court and division or section rendering the interdiction judgment upon motion of any party or upon motion of the court.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2008, No. 806, §1, eff. July 7, 2008.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4554. Modification or termination of interdiction

Art. 4554. Modification or termination of interdiction
On motion of the court or any person, including the interdict, the court may modify or terminate its judgment when the court finds, by a preponderance of the evidence, that the terms of that judgment are currently either excessive or insufficient or that the ability of the interdict to care for his person or property has so changed as to warrant modification or termination. Except for good cause, the court shall follow substantially the same procedures that apply to an original petition for interdiction before it modifies or terminates an interdiction judgment.
Amended by Acts 1962, No. 92, §1; Acts 1991, No. 143, §2; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4555. Appeal

Art. 4555. Appeal
An appeal from a judgment of interdiction, an order or judgment appointing or removing a curator or undercurator, or a judgment modifying or terminating interdiction shall be taken within thirty days from the applicable date provided by Article 2087. The order or judgment is not suspended during the pendency of an appeal. The acts of a curator or an undercurator shall not be invalidated by the annulment of his appointment on appeal.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4556. Ancillary interdiction procedure

Art. 4556. Ancillary interdiction procedure
A. Upon producing proof of his appointment, a conservator who was appointed by a court outside of Louisiana may appear in court on behalf of the protected person without qualifying as a curator according to the law of Louisiana when no curator has been appointed in this state. In accordance with the authority set forth in his letters, such a conservator may perform acts affecting the protected person's property in Louisiana when authorized by the court of the parish in which the property is located. Once so authorized, the conservator shall act in the same manner and in accordance with the same procedures as a curator appointed by a court in Louisiana. Whenever the action of an undercurator would be necessary, the court shall appoint an undercurator ad hoc.
B. In order to take possession of the protected person's property, or to remove any of it from the state, a conservator appointed by a court outside Louisiana shall file a petition for authority to do so in the court of the parish in which any of the property is located. The court shall render a judgment granting the authority prayed for if the foreign conservator alleges in the petition that there are no Louisiana creditors of the protected person, or that all such known creditors have been paid, and if the foreign conservator attaches to the 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 protected person, or against any of the protected person's property located in this state.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2016, No. 333, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4561. Appointment of curator

CHAPTER 2. CURATORS AND UNDERCURATORS
Art. 4561. Appointment of curator
A. The court shall appoint as curator the qualified person who is best able to fulfill the duties of his office.
B.(1) The following persons are not qualified to serve as a curator of an interdict:
(a) A person under eighteen years of age.
(b) An interdicted person.
(c) A nonresident of the state without a resident agent for service of process.
(2) Except for good cause shown, the following persons are not qualified to serve as a curator of an interdict:
(a) A convicted felon.
(b) A person indebted to the interdict at the time of appointment.
(c) An adverse party in a lawsuit pending against the interdict at the time of appointment.
(d) An owner, operator, or employee of long-term care institutions where the interdict is receiving care, unless he is related to the interdict.
C.(1) The court shall consider the qualified persons in the following order of preference:
(a) A person designated by the defendant in a writing signed by him while he had sufficient ability to communicate a reasoned preference.
(b) The spouse of the defendant.
(c) An adult child of the defendant.
(d) A parent of the defendant.
(e) An individual with whom the defendant has resided for more than six months prior to the filing of the petition.
(f) Any other person.
(2) The court may appoint separate curators for the person and affairs of the interdict pursuant to Article 4069.
D. At any time prior to qualification, the court may revoke the appointment for good cause and appoint another qualified person.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4562. Qualification of curator

Art. 4562. Qualification of curator
A. The person appointed qualifies as curator upon furnishing the security required by law and taking an oath to discharge faithfully the duties of his office.
B.(1) If the person fails to qualify for office within ten days from his appointment or within such other period specified by the court, the court on its own motion, or on motion of any interested person, may revoke the appointment and appoint another qualified person.
(2) The delay allowed for qualification may be extended by the court for good cause.
C. The court rendering an interdiction judgment may issue any protective order necessary to protect the interest of the interdict in the interim between the appointment and qualification of the curator.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4563. Inventory and security

Art. 4563. Inventory and security
A. The person appointed as the curator shall furnish security conditioned on the faithful discharge of his duties. The rules provided in Articles 4101 through 4102, 4131 through 4133, and 4136 apply to curatorship of interdicts. Provisions establishing special rules for natural tutors and parents shall not apply in the context of interdiction and curatorship.
B. A detailed descriptive list, sworn to and subscribed by the applicant setting forth the fair market value of each item of property of the interdict, shall be permitted in lieu of an inventory in interdiction matters, unless otherwise ordered by the court.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2000.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4564. Letters of curatorship

Art. 4564. Letters of curatorship
Upon qualification of the appointed curator, the court or clerk thereof shall issue letters of curatorship in the name and under the seal of the court. The letters shall set forth the date of the qualification of the curator and the date, if any, on which the letters expire. Letters of curatorship issued to a limited curator shall also set forth the powers of the limited curator.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4565. Undercurators

Art. 4565. Undercurators
A.(1) The court shall appoint as undercurator the qualified person best able to fulfill the duties of his office. The person appointed as undercurator qualifies by taking an oath to discharge faithfully the duties of his office.
(2) At any time prior to qualification, the court may revoke the appointment for good cause and appoint another qualified person.
(3) If a person fails to qualify within ten days from his appointment or within the period specified by the court, the court on its own motion or on motion of any interested person, may revoke the appointment and appoint another qualified person. The delay allowed for qualification may be extended by the court for good cause.
B. The undercurator shall:
(1) Notify the court when the curator has failed to qualify timely for office.
(2) Have free access to the interdict and to all records relating to the interdict relevant to his office.
(3) Review all accounts and personal reports filed by the curator.
(4) Notify the court when he has reason to believe that the curator has failed to perform any duties imposed by law, including the duties to file necessary accounts and personal reports, and to maintain adequate security.
(5) Approve or disapprove any transactions that require his concurrence.
(6) Move to appoint a successor for a curator who becomes disqualified or whose office terminates.
(7) Move to appoint a successor for a curator who violates any of the provisions of Article 4566.
C. The undercurator shall have no duties, either express or implied, other than those set forth in this Article and in Civil Code Article 393.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2016, No. 110, §2, eff. May 19, 2016.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4567. Expenses of interdict and legal dependents

Art. 4567. Expenses of interdict and legal dependents
The curator shall expend that portion of the revenue from the property of the interdict as is necessary to care properly for his person or affairs, and with court authorization, to support his legal dependents. If the revenue is insufficient for these purposes, the curator may expend the capital of the interdict, with court authorization in the manner provided by Article 4271.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4568. Removal of curator or undercurator

Art. 4568. Removal of curator or undercurator
On motion of any interested person, or on its own motion, the court may remove a curator or undercurator from office for good cause. Good cause may include but not be limited to a violation of Article 4566(J). Unless otherwise ordered by the court, removal of the curator or undercurator by the court is effective upon qualification of the appointed successor.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2016, No. 110, §2, eff. May 19, 2016.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4569. Post-judgment monitoring and reporting

Art. 4569. Post-judgment monitoring and reporting
A. A curator with responsibility for affairs of the interdict shall file an account annually, upon the termination of his office, and at any other time ordered by the court. A curator with responsibility for the person of an interdict shall file a personal report describing the location and condition of the interdict annually, upon the termination of his responsibilities, and at any other time ordered by the court. At the time of filing, the curator shall send copies of any required account or personal report by first class United States mail postage prepaid to the undercurator and any successor curator. The provisions of Articles 4393 and 4398 shall apply to accounts by curators.
B. The court may appoint an examiner at any time to review an account or personal report of the curator, to interview the interdict, curator, or undercurator, or to make any other investigation. At any time, the court may appoint an attorney to represent the interdict.
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4570. Cause of action for visitation with the interdict

Art. 4570. Cause of action for visitation with the interdict
A. Any relative of an interdict by blood, adoption, or affinity within the third degree, or an individual who has a relationship with the interdict based on or productive of strong affection may file a rule to show cause seeking visitation, communication, or interaction with an interdict who is over the age of eighteen years.
B. Any person filing a cause of action pursuant to Paragraph A of this Article may request an expedited hearing on the cause of action, and upon showing of good cause, shall be entitled to an expedited hearing.
C. Good cause shall include but is not limited to a showing that the interdict suffers from an illness or condition because of which he is not likely to survive beyond six months.
Acts 2016, No. 110, §2, eff. May 19, 2016.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4603. Same; procedure; venue

Art. 4603. Same; procedure; venue
A person desiring a judicial partition of property shall petition for it in a court of competent jurisdiction. The partition proceeding shall be brought in the venue provided by Article 80(2) if the property sought to be partitioned is immovables, or both movables and immovables; or in the parish where some of the property is situated, if it consists only of movables.
Except as otherwise provided by law, a partition proceeding is subject to the rules regulating ordinary proceedings.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4605. Preference; appointment of notary; discretion of court

Art. 4605. Preference; appointment of notary; discretion of court
A partition proceeding shall be tried with preference over other ordinary proceedings.
After the trial of the proceeding, if the court finds that the plaintiff is entitled to a partition of the property, the court shall appoint a notary to make the partition in accordance with law.
Except as otherwise provided in Article 4606, the court has discretion to direct the manner and conditions of effecting the partition, so that it will be most advantageous and convenient to the parties.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4607. Partition by licitation or by private sale

Art. 4607. Partition by licitation or by private sale
When a partition is to be made by licitation, the sale shall be conducted at public auction and after the advertisements required for judicial sales under execution. When a partition is to be made at private sale without the consent of all co-owners, the sale shall be for not less than the appraised value of the property, and documents required pursuant to a court order shall be executed on behalf of the absentee or nonconsenting co-owner by a court-appointed representative, who may be a co-owner, after the advertisements required for judicial sales under execution are made. All counsel of record, including curators appointed to represent absentee defendants, and persons appearing in proper person shall be given notice of the sale date. At any time prior to the sale, the parties may agree upon a nonjudicial partition.
Acts 1990, No. 832, §1; Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4608. Controversy before notary effecting partition

Art. 4608. Controversy before notary effecting partition
If there should be any controversy between the parties in the course of the proceedings before the notary effecting the partition, he shall record the objections and declarations of the parties in his proces verbal. Unless otherwise ordered by the court, such objections shall not suspend the proceedings before the notary, but any party may present his objections to the court in his opposition to the homologation of the partition.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4611. Supplementary partition when rule to reject or opposition to homologation sustained

Art. 4611. Supplementary partition when rule to reject or opposition to homologation sustained
When a rule to reject the partition, or an opposition to its homologation, is sustained in whole or in part, the court shall rectify the partition, or refer the parties to the same or another notary who shall prepare a supplementary act of partition in conformity with the order of the court.
Articles 4609 and 4610 apply to this supplementary partition.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4613. Attorney's fee in uncontested proceedings

Art. 4613. Attorney's fee in uncontested proceedings
When there is no contest of the partition proceeding by any defendant, the court shall allow the attorney for the plaintiff a reasonable fee for his services. Except as provided in the second paragraph of this article, the fee shall be taxed as costs of court and paid out of the mass of the funds or the property partitioned, or the proceeds of the latter if sold.
No portion of the fee may be paid out of the share of any party represented in the proceeding by an attorney, whether appointed by the court or selected by the party.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4614. Purchase by co-owner of property or interest sold

Art. 4614. Purchase by co-owner of property or interest sold
A. Any property or interest in the property sold to effect a partition, whether by licitation or by private sale, may be purchased by a co-owner.
B. If a property or interest in the property is purchased by a co-owner, the co-owner shall be credited for his share of the property or interest in the property. The co-owner shall have his share deducted from the purchase price of the property or interest in the property prior to payment.
Acts 2022, No. 636, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4621. Partition by licitation or private sale

CHAPTER 2. PARTITION WHEN CO-OWNER AN ABSENTEE
Art. 4621. Partition by licitation or private sale
When one of the co-owners of property sought to be partitioned is an absentee, the partition may be effected by licitation or by private sale, as provided in this Chapter, whether the property is divisible in kind or not.
Acts 2020, No. 281, §2, eff. June 11, 2020.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4622. Petition

Art. 4622. Petition
A. The petition for the partition of property in which an absentee owns an interest, under the articles of this Chapter, shall allege the facts showing that the absent and unrepresented defendant is an absentee, as defined in Article 5251, shall describe the property sought to be partitioned and allege the ownership interests thereof, and shall be supported by an affidavit of the petitioner or of his counsel that the facts alleged in the petition are true.
B.(1) If the partition is to be made by private sale, the petition for partition between the co-owners shall have first priority status by the court and shall include all of the following:
(a) The primary terms of the proposed sale.
(b) The name of the proposed purchaser and whether the proposed purchaser is a co-owner or third party in accordance with Civil Code Article 811(B).
(c) The source or location of funds to be used in the sale.
(d) If the proposed purchaser is a juridical entity, including but not limited to corporations, limited liability companies, partnerships, and sole proprietorships, and whether that entity has a relationship with any co-owner.
(e) Whether any costs associated with the sale will be paid to any person related to the petitioning co-owners within the fourth degree or a juridical entity in which the co-owner has a direct or indirect financial interest.
(2) Upon judgment of the court ordering the sale, payment shall be made within twenty-four hours using cash or certified funds.
Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4623. Order; service of citation; contradictory proceedings

Art. 4623. Order; service of citation; contradictory proceedings
When the petition for a partition discloses that the plaintiff is entitled thereto, and that the absent and unrepresented defendant is an absentee who owns an interest in the property, the court shall appoint an attorney at law to represent the absent defendant, and shall order the publication of notice of the institution of the proceeding.
The citation to the absent defendant and all other process shall be served on or service thereof accepted by the attorney at law appointed to represent him, and all proceedings shall be conducted contradictorily against this attorney.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4624. Publication of notice

Art. 4624. Publication of notice
Notice of the institution of the proceeding shall be published at least once in the parish where the partition proceeding is instituted, in the manner provided by law. This notice shall set forth the title and docket number of the proceeding, the name and address of the court, a description of the property sought to be partitioned, and the primary terms of the private sale and shall notify the absent defendant that the plaintiff is seeking to have the property partitioned by licitation or by private sale under Civil Code Article 811, this Chapter, and Chapter 1 of this Title, and that the absent defendant has fifteen days from the date of the publication of notice, or of the initial publication of notice if there is more than one publication, to answer the plaintiff's petition.
Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4625. Trial; judgment ordering sale

Art. 4625. Trial; judgment ordering sale
A. Except as otherwise provided in Article 4630, if the petitioner proves on the trial of the proceeding that he is a co-owner of the property and entitled to the partition thereof and that the defendant is an absentee who owns an interest therein, the court shall render judgment ordering either the public sale of the property for cash by the sheriff to effect a partition, after the advertisement required by law for a sale under execution or the private sale of the property executed on behalf of the absentee or nonconsenting co-owner by a court-appointed representative, who may be a co-owner, under this Chapter and Chapter 1 of this Title, and after the advertisement required by law for a sale under execution.
B. The judgment shall determine the absentee's share in the proceeds of the sale, and award a reasonable fee to the attorney appointed to represent him to be paid from the absentee's share of the proceeds of the sale.
Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4626. Judgment ordering reimbursement or payment of amounts due co-owner out of proceeds of public sale

Art. 4626. Judgment ordering reimbursement or payment of amounts due co-owner out of proceeds of public sale
A judgment ordering the public sale of property to effect a partition under the provisions of this Chapter shall order, out of the proceeds of such sale, all of the following:
(1) The reimbursement to a co-owner of the amount proven to be due the co-owner for the payment of taxes on the property, and the expenses of preservation of the property.
(2) The payment to a co-owner of the amount proven to be due the co-owner by another co-owner who has received and retained the fruits and revenues of the property.
Acts 2020, No. 281, §2, eff. June 11, 2020.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4626.1. Judgment ordering reimbursement or payment of amounts due co-owner and payment and allocation of costs of private sale out of proceeds of sale

Art. 4626.1. Judgment ordering reimbursement or payment of amounts due co-owner and payment and allocation of costs of private sale out of proceeds of sale
A judgment ordering the private sale of property to effect a partition under the provisions of this Chapter shall order, out of the proceeds of such sale, all of the following:
(1) The reimbursement to a co-owner of the amount proven to be due the co-owner for the payment of taxes on the property and the expenses of preservation of the property.
(2) The payment to a co-owner of the amount proven to be due the co-owner by another co-owner who has received and retained the fruits and revenues of the property.
(3)(a) The payment of reasonable costs related to the sale, including real estate commissions, brokerage fees, appraisal costs, payments associated with the release of encumbrances and other customary closing costs, and the allocation of such costs to one or more co-owners.
(b) The court in rendering judgment shall consider whether the costs associated with the sale will be paid to any person related to the co-owners within the fourth degree or a juridical entity in which the co-owner has a direct or indirect financial interest.
Acts 2020, No. 281, §2, eff. June 11, 2020.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4627. Effect of judgment and sale

Art. 4627. Effect of judgment and sale
The judgment ordering the public sale or private sale of the property to effect a partition, and the sale made in compliance therewith, has the same force and effect as to the absentee, his succession representative and heirs, as if he had been served personally with process and the judgment had been rendered against him personally. Thereafter, the absentee, his succession representative and heirs are precluded from asserting any right, title, or interest in the property partitioned.
Acts 2020, No. 281, §2, eff. June 11, 2020.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4628. Deposit of absentee's share into registry of court

Art. 4628. Deposit of absentee's share into registry of court
After deducting the portion of the court costs and expenses of the sale to be paid by the absentee, the fee awarded by the court to the attorney appointed to represent him, and any amount required by the judgment to be paid a co-owner, the absentee's share of the proceeds of the sale shall be deposited into the registry of the court for the account of the absentee, his succession representative or heirs. This deposit may be withdrawn only on order of the court, in accordance with the law regulating such deposits.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4629. Articles applicable to partition by licitation or private sale

Art. 4629. Articles applicable to partition by licitation or private sale
Article 4603, the first paragraph of Article 4605, and Articles 4607 and 4614 are applicable to a partition by licitation or a partition by private sale under the provisions of this Chapter.
Acts 2020, No. 281, §2, eff. June 11, 2020.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4630. Partition in kind when defendant appears and prays therefor

Art. 4630. Partition in kind when defendant appears and prays therefor
If the property sought to be partitioned is divisible in kind, and the defendant timely answers through counsel of his own selection and prays therefor, the court shall render judgment ordering the partition to be made in kind, under the applicable provisions of Chapter 1 of this Title.