reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Civil Procedure › Art. 3954. Abandonment of action

Art. 3954. Abandonment of action
A. A divorce action instituted under Civil Code Article 102 is abandoned if the rule to show cause provided by that Article is not filed within two years of the service of the original petition or execution of written waiver of service of the original petition.
B. This provision shall be operative without formal order, but on ex parte motion of any party or other interested person, the trial court shall enter a formal order of dismissal as of the date of abandonment.
Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1991, No. 367, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3955. Service of petition

Art. 3955. Service of petition
A. When a petition for divorce is filed in accordance with Civil Code Article 102, service of the petition shall be requested on the defendant within ninety days of the filing of the petition.
B. If the defendant is an absentee, the request for appointment of an attorney to represent the absentee defendant within ninety days of commencement of the action constitutes compliance with the requirements of Paragraph A of this Article.
C. The defendant may expressly waive the requirements of Paragraph A of this Article by any written waiver. The requirement provided by Paragraph A of this Article shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of the petition, in which case, after due proceedings, the action shall be dismissed.
D. If not waived, a request for service of citation upon the defendant shall be considered timely if requested on the defendant within the time period provided by this Article, notwithstanding insufficient or erroneous service.
Acts 2010, No. 407, §1; Acts 2014, No. 379, §2, eff. May 30, 2014; Acts 2017, No. 419, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3956. Evidence of facts in divorce action

Art. 3956. Evidence of facts in divorce action
The facts entitling a moving party to a divorce in accordance with Civil Code Article 102 may be established by:
(1) The petition for divorce.
(2)(a) The sheriff's return of service of the petition.
(b) The sheriff's return of service of the petition showing personal service on the defendant if the parties were living together at the time of the filing of the petition.
(c) The return receipt when service is effectuated pursuant to R.S. 13:3204.
(d) Waiver of the service of petition.
(3) The rule to show cause and the affidavit required by Code of Civil Procedure Article 3952.
(4) The sheriff's return of service of the rule, or by a waiver of that service.
(5) The affidavit of the mover, executed after the filing of the rule, that the parties have lived separate and apart continuously for at least the requisite period of time, in accordance with Civil Code Article 103.1, prior to the filing of the rule to show cause and are still living separate and apart and that the mover desires to be divorced.
Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1991, No. 367, §2; Acts 1995, No. 386, §2; Acts 1999, No. 95, §1; Acts 2006, No. 743, §2, eff. Jan. 1, 2007.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3957. Waiver of service of petition and rule to show cause and accompanying notices

Art. 3957. Waiver of service of petition and rule to show cause and accompanying notices
A. A party in a divorce action under Civil Code Article 102 may expressly waive service of the petition and accompanying notice by any written waiver executed after the filing of the petition and made part of the record.
B. If there is such a waiver, the periods specified by Civil Code Article 102 and Code of Civil Procedure Articles 3953 and 3954 shall run from the date of execution of the waiver.
C. A party in a divorce action under Civil Code Article 102 may expressly waive service of the rule to show cause why a divorce should not be granted and accompanying notice by any written waiver executed after the filing of the rule to show cause and made part of the record.
Acts 1991, No. 367, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3958. Voluntary dismissal

Art. 3958. Voluntary dismissal
A judgment dismissing a petition for divorce under Civil Code Article 102 shall be rendered upon joint application of the parties and upon payment of all costs, or upon contradictory motion of the plaintiff. A judgment of dismissal rendered under this Article shall be without prejudice to any separation of property decree rendered under Civil Code Articles 2374 and 2375.
Acts 1993, No. 628, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3991. Petition for judicial emancipation

TITLE V
JUDICIAL EMANCIPATION
Art. 3991. Petition for judicial emancipation
A. A minor age sixteen or older may petition for emancipation individually without the participation of his tutor or administrator. The petition of the minor shall name as parties defendant and shall be served personally on the parents of the minor, if parental authority exists, or his tutor if parental authority does not exist.
B. The parents of a minor age sixteen or older, if parental authority exists, or the tutor of the minor, if parental authority does not exist, may petition for the emancipation of the minor. A petition filed by the parents or tutor of a minor shall name the minor as defendant and shall be served personally on the minor and on an attorney appointed by the court, who shall represent the minor.
C. A joint petition for judicial emancipation may be filed by a minor age sixteen or older and the parents of the minor, if parental authority exists, or the tutor of the minor, if parental authority does not exist. A joint petition need not be served on any party.
Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3992. Petition requirements

Art. 3992. Petition requirements
The petition shall be verified by all petitioners and shall set forth the following with particularity:
(1) The name, domicile, age, and, if known, the current address of the minor.
(2) The names and current addresses of the parents and any tutors of the minor, if known.
(3) The reasons why good cause exists for emancipation.
(4) If limited judicial emancipation is requested, the effects of majority sought to be conferred upon the minor.
(5) A descriptive list of the property of the minor, including the location of such property, if known.
Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3993. Venue for judicial emancipation

Art. 3993. Venue for judicial emancipation
Venue for a judicial emancipation proceeding is the parish where a party is domiciled.
Amended by Acts 1972, No. 347, §2; Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3994. Emancipation hearing

Art. 3994. Emancipation hearing
A. An emancipation hearing shall be a summary proceeding.
B. Except for good cause shown, the minor shall be present at the hearing and may be called as a witness by the court.
C. With the consent of all parties and the court, judicial emancipation may be granted without a hearing upon a joint petition for emancipation.
Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3996. Appeal

Art. 3996. Appeal
A judgment granting, modifying, or terminating emancipation is not suspended during the pendency of an appeal. The validity of an act of the minor shall not be affected by the subsequent modification or termination of the judgment.
Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3997. Modification or termination of emancipation

Art. 3997. Modification or termination of emancipation
On motion of the court or any person, the court for good cause shown may modify or terminate its judgment of emancipation or an act of limited emancipation by authentic act.
Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Code of Civil Procedure › Art. 3998. Recordation

Art. 3998. Recordation
A. The clerk of court shall record every judgment granting, modifying, or terminating emancipation in the conveyance records of the parish in which the judgment was rendered.
B. Within fifteen days of the signing of a judgment granting, modifying, or terminating emancipation, the petitioner shall cause it to be recorded in the conveyance records of every other parish in which the minor owns immovable property.
Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4031. Minor domiciled in the state

TITLE VI
TUTORSHIP
CHAPTER 1. COURT WHERE PROCEEDINGS ARE BROUGHT
Art. 4031. Minor domiciled in the state
A. Except as provided in Paragraph B, a petition for the appointment of a tutor of a minor domiciled in the state shall be filed in the district court of the parish where:
(1) The surviving parent is domiciled, if one parent is dead; or
(2) The parent or other person awarded custody of the minor is domiciled, if the parents are divorced or judicially separated; or
(3) The minor resides.
B. If the parents who are divorced or judicially separated are awarded joint custody of a minor:
(1) They shall petition jointly for appointment as cotutors in the district court of the parish in which the proceedings for divorce or judicial separation were instituted, or if the award of joint custody has specified the legal domicile of the minor, in the district court of the parish of the legal domicile of the minor, or in the district court of the parish where the child resides.
(2) With the permission of the judge, either parent may file a petition in the same court as provided in Subparagraph (1) for appointment as tutor for the limited purpose of enforcing a particular right or compromising a particular claim of an unemancipated minor if the other parent fails or refuses to do so.
Amended by Acts 1981, No. 283, §2; Acts 1990, No. 764, §1; Acts 1995, No. 268, §1, eff. June 14, 1995.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4032. Minor not domiciled in the state

Art. 4032. Minor not domiciled in the state
If the minor is not domiciled in the state, a petition for the appointment of a tutor may be filed in any parish where:
(1) Immovable property of the minor is situated; or
(2) Movable property of the minor is situated, if he owns no immovable property in the state.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4033. Petitions filed in two or more courts; stay of proceedings in second and subsequent courts; adoption of proceedings by first court

Art. 4033. Petitions filed in two or more courts; stay of proceedings in second and subsequent courts; adoption of proceedings by first court
If petitions for the appointment of a tutor are filed in two or more competent courts, the court in which a petition was first filed shall proceed to a determination of the issues and the proceedings in the other courts shall be stayed. However, the first court may adopt as its own any of the proceedings taken in the other courts.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4034. Proceedings subsequent to appointment of tutor

Art. 4034. Proceedings subsequent to appointment of tutor
Proceedings relative to a tutorship subsequent to the confirmation or appointment of a tutor who is domiciled in the state shall be brought in the parish of his domicile if he is living at the time or, if he is dead, in the parish where he was last domiciled. If the proceedings are brought in a court other than the one which confirmed or appointed the tutor, the court may require the filing of certified copies of all or any part of the proceedings in the other court.
Proceedings relative to a tutorship subsequent to the confirmation or appointment of a tutor who is not domiciled in this state, or who has left the state permanently, shall be brought in the court which confirmed or appointed him.
Amended by Acts 1964, No. 4, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4061. Natural tutor; general obligations

CHAPTER 2. APPOINTMENT OF PARTICULAR TUTORS
Art. 4061. Natural tutor; general obligations
Before a natural tutor enters upon the performance of his official duties, he must take an oath to discharge faithfully the duties of his office, cause an inventory to be taken or a detailed descriptive list to be prepared, and cause a legal mortgage in favor of the minor to be inscribed, or furnish security, in the manner provided by law.
Acts. 1983, No. 344, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4061.1. Natural tutor; action for damages on behalf of child

Art. 4061.1. Natural tutor; action for damages on behalf of child
A. Notwithstanding Article 4061, the natural tutor of a minor child may file an action for damages based on a delictual obligation without the necessity of qualifying as tutor pursuant to Article 4061 and without the necessity of filing a petition pursuant to Article 4031, if the natural tutor is any of the following:
(1) The surviving parent of the minor child.
(2) The parent under whose sole care the minor child has been placed when the parents are divorced or judicially separated from bed and board.
(3) The mother of her child born outside of marriage not acknowledged by the father, or acknowledged by him alone without her concurrence.
B. The petitioner in an action for damages based on a delictual obligation shall allege in the petition that he qualifies under Paragraph A of this Article to act of right as tutor, and the petitioner shall set forth the facts, including the relationship to the minor child, entitling the petitioner to act as tutor.
C. This Article shall not apply to parents who share joint custody of the minor child or to parents who have both acknowledged their child born outside of marriage pursuant to the Civil Code.
Acts 2003, No. 155, §1; Acts 2004, No. 26, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4062. Tutorship by will

Art. 4062. Tutorship by will
The court shall appoint as tutor the person nominated as such in a testament or an authentic act, upon his furnishing security and taking an oath, as provided in Articles 4131 and 4171, unless he is disqualified or unless for some other reason the court determines that the appointment would not be for the best interest of the minor.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4065. Legal or dative tutor; petition for appointment; publication of notice

Art. 4065. Legal or dative tutor; petition for appointment; publication of notice
When a petition for appointment as legal or dative tutor is filed, the applicant shall annex an affidavit listing to the best of his knowledge the minor's ascendants and collaterals by blood within the third degree and the surviving spouse of the minor's mother or father dying last who reside in the state. A copy of the petition for appointment shall be mailed by registered or certified mail to each person listed in the affidavit.
Notice of the application shall be published once in the parish where the petition was filed, in the manner provided by law.
Amended by Acts 1976, No. 429, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4066. Opposition to application of legal or dative tutor

Art. 4066. Opposition to application of legal or dative tutor
An opposition to an application for appointment as legal or dative tutor may be filed at any time prior to the appointment, as provided in Article 4067. The opposition shall comply with Article 2972 and shall allege the grounds upon which it is claimed that the applicant is disqualified or that it would be in the best interest of the minor for the opponent to be appointed tutor instead of the applicant.
Amended by Acts 1976, No. 429, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4067. Appointment of legal or dative tutor

Art. 4067. Appointment of legal or dative tutor
At any time after the expiration of ten days from date of publication or date of mailing of the notice as provided in Article 4065, whichever period is longer, if no opposition has been filed, the court shall appoint the applicant, unless he is disqualified under Article 4231.
If an opposition has been filed, it shall be tried in a summary manner.
Amended by Acts 1976, No. 429, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4068. Appeal from judgment confirming, appointing, or removing tutor or undertutor; effect

Art. 4068. Appeal from judgment confirming, appointing, or removing tutor or undertutor; effect
An appeal from a judgment confirming, appointing, or removing a tutor or an undertutor can only be taken within thirty days from the applicable date provided in Article 2087(A).
Such judgment shall not be suspended during the pendency of an appeal. The acts of a tutor or of an undertutor shall not be invalidated by the annulment of his appointment on appeal.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4069. Separate tutor of property

Art. 4069. Separate tutor of property
A. In exceptional cases and for good cause shown, the court may appoint a bank or another person as administrator or tutor of the property of the minor. This appointment may be made upon the court's own motion or upon the motion of the tutor or other person entitled to the tutorship if no tutor has been previously appointed, or upon motion of any interested person after a contradictory hearing with the tutor, administrator, or person entitled to the tutorship or the administration.
B. If a person is appointed as tutor or administrator of the minor's property, pursuant to this Article or Civil Code Article 258, that person shall furnish security as provided in Article 4131.
Acts 1992, No. 680, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4071. Security, oath, and tenure of provisional tutor

Art. 4071. Security, oath, and tenure of provisional tutor
A provisional tutor shall take an oath to discharge faithfully the duties of his office and shall furnish security as provided in Article 4132 for the faithful performance of his duties, in an amount determined by the court as adequate for the protection of the minor.
A provisional tutor shall continue in office until his appointment is terminated by the court or until a tutor has been qualified.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4072. Inventory or detailed descriptive list on appointment of provisional tutor

Art. 4072. Inventory or detailed descriptive list on appointment of provisional tutor
When the court appoints a provisional tutor, it shall order the taking of an inventory or the preparation of a detailed descriptive list of the minor's property as provided in Articles 4101 and 4102.
Acts 1983, No. 344, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4073. Functions, duties, and authority of provisional tutor

Art. 4073. Functions, duties, and authority of provisional tutor
The functions of a provisional tutor are limited to the care of the person of the minor and the preservation of his rights and property. In the performance of his functions, a provisional tutor has the same authority, and is subject to the same duties and obligations, as a tutor.
Under specific authority of the court which appointed him, a provisional tutor may:
(1) Institute and prosecute an action to enforce judicially a right of the minor; and
(2) Operate a business belonging to the minor.
A provisional tutor shall file an account upon the termination of his authority.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4101. Inventory and appraisement or descriptive list

CHAPTER 3. INVENTORY OF MINOR'S PROPERTY
Art. 4101. Inventory and appraisement or descriptive list
A. When any person applies to be appointed as tutor, the court shall order either the taking of an inventory and an appraisal of the minor's property or the preparation of a detailed descriptive list of his property in accordance with Article 4462.
B. If an inventory is ordered, it shall be begun not later than ten days after the order is signed. The court shall appoint a notary of each parish in which property of the minor has a situs to take the inventory of such property in that parish.
Acts 1983, No. 344, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4131. Amount

CHAPTER 4. SECURITY OF TUTOR
Art. 4131. Amount
A. The person appointed tutor, except the natural tutor, shall furnish security for the faithful performance of his duties in an amount equal to the total value of the minor's movable property as shown by the inventory or detailed descriptive list, plus such additional sum as the court may consider sufficient to cover any loss or damage which may be caused by the bad administration of the tutor.
B. Upon proper showing that the security required is substantially in excess of that needed for the protection of the minor, the court may fix the security at any amount which it considers sufficient for the protection of the minor.
C. The court may order the security to be increased or diminished at any time as the movable property may increase or diminish in value, or for other circumstances which the court may consider proper.
D. When the only asset of the minor is a contested claim for damages, the court may postpone the furnishing of security until the claim is recovered, at which time the tutor shall provide security as required by this Article.
Acts 1983, No. 344, §1; Acts 1985, No. 146, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4132. Nature of security

Art. 4132. Nature of security
A. The security required by Article 4131 shall be in the form of a bond, to be approved by the court, and secured by:
(1) A surety company authorized to do business in this state;
(2) Bonds of this state or of any political subdivision or any municipality thereof, or of the United States, or certificates of deposit in any bank, savings bank, or trust company chartered under the laws of Louisiana or National Banking Association domiciled in this state and insured by the Federal Deposit Insurance Corporation, or shares of any building or loan or homestead association domiciled in this state and insured by an agency of the United States, in an amount at par value equal at least to the amount of the security required; or
(3) No less than two personal sureties signing in solido who are residents of this state and who each have unencumbered property located in this state in an amount amply sufficient to secure the amount of the bonds notwithstanding the provisions of Civil Code Article 3042 or any other law to the contrary.
B. Bonds or homestead shares or certificates of deposit of a bank posted as security shall be deposited for safekeeping with the clerk of court or in a bank or other recognized depository as directed by the court, and may not be withdrawn without an order of court. The form of the act under which such bonds or shares are given in security shall be substantially that of a bond, in which the principal binds himself and declares that instead of furnishing sureties, he deposits, as directed by the court, such bonds or shares to be subject to any claim the minor may have.
C. Insured homestead shares or certificates of deposit of a bank may not be furnished as security in excess of the amount insured.
D. The bond shall not be recorded in the mortgage records nor operate as a mortgage.
Amended by Acts 1977, No. 192, §1, eff. July 5, 1977; Acts 1985, No. 136, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4133. Special mortgage instead of bond

Art. 4133. Special mortgage instead of bond
A. Instead of the security required by Articles 4131 and 4132, the tutor may furnish a special mortgage in favor of the minor on immovable property otherwise unencumbered. The mortgage shall be for the same amount as the security required by Article 4131 and shall be approved by the court as provided in Article 4271.
B. The costs occasioned by the furnishing of a special mortgage shall be borne by the tutor.
C. The special mortgage shall include the date of birth of the minor. The failure to include the date of birth of the minor shall not invalidate the mortgage.
Acts 2005, No. 62, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4134. Natural tutor; bond; recordation of certificate of inventory or detailed descriptive list

Art. 4134. Natural tutor; bond; recordation of certificate of inventory or detailed descriptive list
A. Except as provided in Article 4135, a natural tutor shall not be required to furnish bond, but shall record in the mortgage records of the parish of his domicile a certificate of the clerk setting forth the date of birth of the minor, the last four digits of the social security number of the tutor and the total value of the minor's property according to the inventory or detailed descriptive list filed in the tutorship proceeding. If the minor has no assets, then no certificate need be filed until he acquires assets. If the only asset is a contested claim, then no certificate need be filed until the claim is recovered, as provided in Article 4131(D). A certificate of the recorder of mortgages setting forth the recordation of the clerk's certificate shall be filed in the tutorship proceedings before the tutor is appointed or letters of tutorship are issued.
B. Within thirty days after his appointment, the natural tutor shall cause the clerk's certificate to be recorded in the mortgage records of every other parish in the state in which he owns immovable property.
C. The recordation operates as a legal mortgage for the amount of the certificate in favor of the minor on all the immovable property of the tutor situated within any parish where recorded. A certificate recorded in the amount of zero dollars shall not create a legal mortgage. If the certificate does not contain the information required by Paragraph A of this Article, it will not be effective against third parties.
D. The legal mortgage shall prescribe four years after the minor reaches majority and shall be canceled from the mortgage record upon the request of any interested party.
Acts 1983, No. 344, §1; Acts 2003, No. 728, §1; Acts 2004, No. 322, §1; Acts 2014, No. 189, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4135. Security instead of legal mortgage

Art. 4135. Security instead of legal mortgage
Instead of the legal mortgage provided in Article 4134, a natural tutor may furnish bond in the amount provided by Article 4131 and of the nature provided by Article 4132, or a special mortgage as provided in Article 4133.
If the court determines that the legal mortgage will not be sufficient protection for the minor, and that substantial loss to the minor may result unless a bond is furnished, the court may order that the natural tutor furnish a bond or a special mortgage instead of the legal mortgage.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4136. Substitution of one kind of security for another

Art. 4136. Substitution of one kind of security for another
Any tutor who desires to give bond or security and thus release from an existing general or special mortgage the whole or a portion of the property covered thereby may do so with the approval of the court as provided in Article 4271, provided the bond or security tendered fully protects the minor.
Any of the securities enumerated in Articles 4132 and 4133 may be substituted at any time either in whole or in part for any other kind, at the option of the tutor, and with the approval of the court as provided in Article 4271, which shall enter the necessary orders to render the substitutions effective. If other security has been furnished instead of a general mortgage, the tutor may not revert to a general mortgage.
When a bond or security is substituted only in part for the general or special mortgage, the amount thereof may be proportionately smaller based on the value of the property to be released from mortgage.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4137. Subordination of legal mortgage to conventional mortgage

Art. 4137. Subordination of legal mortgage to conventional mortgage
The legal mortgage provided in Article 4134 may be subordinated to a conventional mortgage or other security to be given on the property of the tutor, provided such subordination is authorized by the court after proof that such would be to the best interest of the minor and provided the concurrence of the undertutor is first obtained.
Added by Acts 1980, No. 389, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4172. Issuance of letters

Art. 4172. Issuance of letters
After the person appointed as tutor has qualified by furnishing the security required of him by law, and by taking his oath of office, the clerk shall issue to him letters of tutorship.
These letters, issued in the name and under the seal of the court, evidence the appointment of the tutor, his qualification, and his compliance with all requirements of law relating thereto.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4204. Security of tutor, undertutor's duty regarding sufficiency

Art. 4204. Security of tutor, undertutor's duty regarding sufficiency
The undertutor shall:
(1) Cause the natural tutor to record the legal mortgage in favor of the minor as provided in Article 4134;
(2) Require the tutor to furnish evidence that he has a valid and merchantable title to property offered as security under a special mortgage instead of bond and that the value of the property is at least equal to the amount of security required; otherwise the undertutor shall oppose the tutor's application to furnish a special mortgage; and
(3) Apply to the court for an order compelling the tutor to furnish additional security whenever the security has become insufficient for any reason.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4231. Disqualification of tutor

CHAPTER 7. DISQUALIFICATION, REVOCATION OF
APPOINTMENT, RESIGNATION, AND REMOVAL
Art. 4231. Disqualification of tutor
A. No person may be appointed tutor who is:
(1) Under eighteen years of age;
(2) Interdicted, or who, on contradictory hearing, is proved to be mentally incompetent;
(3) A convicted felon, under the laws of the United States or of any state or territory thereof;
(4) Indebted to the minor, unless he discharges the debt prior to the appointment;
(5) An adverse party to a suit to which the minor is a party; or
(6) A person who, on contradictory hearing, is proved to be incapable of performing the duties of the office, or to be otherwise unfit for appointment because of his physical or mental condition or bad moral character.
B. Except as provided in Paragraph C of this Article, the provisions of Subparagraphs (1), (3), (4), and (5) of Paragraph A do not apply to the parent of the minor.
C. The provisions of Paragraph B of this Article shall not apply to a natural parent of the minor who is convicted of a felony involving theft of funds or misappropriation of funds, a crime of violence as defined in R.S. 14:2(B), a sex offense as defined in R.S. 15:542 or R.S. 46:1844, or any other crime against an individual under the age of eighteen years.
Amended by Acts 1974, No. 573, §1; Acts 2001, No. 741, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4232. Revocation of appointment; extension of time to qualify

Art. 4232. Revocation of appointment; extension of time to qualify
If a person who is not a parent of the minor is appointed tutor and fails to qualify for the office within ten days from his appointment, on its own motion or on motion of any interested person, the court may revoke the appointment and appoint another qualified person to the office forthwith.
The delay allowed in this article for qualification may be extended by the court for good cause shown.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4233. Resignation of tutor

Art. 4233. Resignation of tutor
A tutor other than a parent of the minor may resign when authorized by the court under Article 4271:
(1) If subsequent to his appointment as tutor he has been invested with an office or engaged in a service or occupation which excuses him from the obligation of serving as tutor;
(2) If he has reached the age of seventy years;
(3) If because of infirmity he has become incapable of discharging the duties of his office; or
(4) For any other reason which the court in its discretion may deem sufficient.
The resignation by a tutor shall become effective when a successor is appointed, as provided in Article 4237, and when his final account has been filed and homologated.
Amended by Acts 1974, No. 163, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4234. Removal of tutor

Art. 4234. Removal of tutor
The court may remove any tutor who is or has become disqualified; is a nonresident who has not appointed, or has left the state permanently without appointing, an agent to represent him as required by Article 4273; has become incapable of discharging the duties of his office; has mismanaged the minor's property; has failed to perform any duty imposed by law or by order of court; or if such removal would be in the best interests of the minor.
The court on its own motion may order, and on motion of any interested party shall order the tutor to show cause why he should not be removed from office. If service of this order cannot be made on the tutor for any reason, the court shall appoint an attorney at law to represent him, on whom service shall be made and against whom the proceeding shall be conducted contradictorily.
The removal of a tutor from office does not invalidate any of his official acts performed prior to his removal.
Amended by Acts 1964, No. 4, §1; Acts 1976, No. 429, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4236. Undertutor, grounds for disqualification, revocation, or removal

Art. 4236. Undertutor, grounds for disqualification, revocation, or removal
The grounds for disqualification, revocation, and removal provided in Articles 4231, 4232, and 4234, other than indebtedness to the minor, apply also to an undertutor.
An undertutor may resign at any time with the approval of the court, but the resignation shall not be effective until a successor has been appointed and qualified.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4238. Heirs of tutor; responsibility

Art. 4238. Heirs of tutor; responsibility
Tutorship is a personal trust, which does not descend to the heirs of the tutor upon his death. However, the representative of the tutor's succession or the major heirs who have accepted his succession are responsible for the administration of the minor's property until another tutor has been appointed.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4261. Care of person of minor; expenses

CHAPTER 8. GENERAL FUNCTIONS, POWERS, AND
DUTIES OF TUTOR
Art. 4261. Care of person of minor; expenses
The tutor shall have custody of and shall care for the person of the minor. He shall see that the minor is properly reared and educated in accordance with his station in life.
The expenses for the support and education of the minor should not exceed the revenue from the minor's property. However, if the revenue is insufficient to support the minor properly or to procure him an education, with the approval of the court as provided in Article 4271, the tutor may expend the minor's capital for these purposes.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4262. Administration of minor's property

Art. 4262. Administration of minor's property
The tutor shall take possession of, preserve, and administer the minor's property. He shall enforce all obligations in favor of the minor and shall represent him in all civil matters. He shall act at all times as a prudent administrator, and shall be personally responsible for all damages resulting from his failure so to act.
Natural cotutors shall be bound in solido except as to damages arising from the administration of all or a part of the minor's property by one of the cotutors individually pursuant to an order of the court or an agreement between the cotutors approved by the court.
Amended by Acts 1981, No. 283, §2; Acts 1982, No. 307, §2, eff. Jan. 1, 1983.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4263. Contracts between tutor and minor

Art. 4263. Contracts between tutor and minor
A tutor cannot in his personal capacity or as representative for any other person make any contracts with the minor. He cannot acquire any property of the minor, or interest therein, personally or by means of a third person, except as otherwise provided by law.
Contracts prohibited by this article shall be null, and the tutor shall be liable to the minor for damages resulting therefrom.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4264. Tutor's administration in his own name; procedural rights

Art. 4264. Tutor's administration in his own name; procedural rights
The tutor acts in his own name as tutor, and without the concurrence of the minor. The tutor may act through a mandatary or attorney in fact outside of the parish of his residence or as provided in Article 4273.
In the performance of his duties, the tutor may exercise all procedural rights available to a litigant.
Amended by Acts 1964, No. 4, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4267. Loans to tutor for specific purposes; authority to mortgage and pledge minor's property

Art. 4267. Loans to tutor for specific purposes; authority to mortgage and pledge minor's property
When it appears to the best interest of the minor, and after compliance with Article 4271, the court may authorize a tutor to borrow money for the purpose of preserving or administering the property, of paying debts, for expenditures in the regular course of a business conducted in accordance with Article 4266, or for the care, maintenance, training, or education of the minor. As security for such a loan, the court may authorize the tutor to mortgage or pledge property of the minor upon such terms and conditions as it may direct. Before authorizing a loan, the court may require the tutor to furnish additional security in an amount fixed by the court.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4268. Lease of minor's property; mineral contracts

Art. 4268. Lease of minor's property; mineral contracts
When it appears to the best interest of the minor, and after compliance with Article 4271, the court may authorize a tutor to grant a lease upon property of the minor. The term of the lease may extend beyond the anticipated duration of the tutorship.
In addition to the requirements of Article 4271, the petition of the tutor shall set forth the terms and conditions of the proposed lease.
This article applies to mineral leases.
A tutor may execute such other contracts as are authorized by law affecting the whole or any part of the share of his ward in oil, gas, or other minerals, either discovered or undiscovered in the manner provided herein.
Amended by Acts 1974, No. 133, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4269. Investment and management of minor's property

Art. 4269. Investment and management of minor's property
In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of a minor, a tutor shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard, a tutor is authorized to acquire and retain every kind of property and every kind of investment, specifically including but not by way of limitation, bonds, debentures, and other corporate obligations, and stocks, preferred or common, and securities of any open-end or closed-end management type investment company or investment trust registered under 15 U.S.C. §§80a-1 through 80a-52, as from time to time amended, which men of prudence, discretion, and intelligence acquire or retain for their own account.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4269.1. Placement of minor's property in trust

Art. 4269.1. Placement of minor's property in trust
At any time during his administration a tutor may apply to the court for authorization to place some or all of the minor's property in trust for administration, management and investment in accordance with the Louisiana Trust Code. The trust instrument shall name the minor as sole beneficiary of the trust, shall name a trustee, shall impose maximum spendthrift restraints, and shall be subject to termination at the option of the beneficiary upon attaining the age of majority or, should he fail to attain majority, at the option of his heirs or legatees. The court may, upon application, make such changes in the trust instrument as may be advisable. Upon creation of the trust, the tutor shall be entitled to no further commissions with respect to the trust property.
Added by Acts 1980, No. 276, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4270. Procedure for investing, reinvesting, or withdrawing funds; checking account on behalf of minor

Art. 4270. Procedure for investing, reinvesting, or withdrawing funds; checking account on behalf of minor
A. An investment, reinvestment, or withdrawal of funds of a minor may be made only with the approval of the court after compliance with Article 4271.
B. Notwithstanding the provisions of Paragraph A, the court may authorize a tutor to open and maintain a checking account in the name of the "tutor on behalf of the minor" and to write checks on the account for necessary expenses of the minor without the necessity of obtaining prior approval from the court. However, such approval is necessary in order to transfer funds into the checking account, the total of which transfers shall not exceed five thousand dollars a year, except for good cause shown. All sums deposited into the checking account and all checks written on the account shall be reflected in the annual accounting in accordance with Article 4391 et seq.
C. The provisions of this Article do not create an affirmative duty on any financial institution to open, monitor, regulate, or close any account in the name of the tutor on behalf of the minor and any act by the tutor with respect to such account is a full release and discharge of the financial institution for any cause of action alleging a violation of a provision of this Chapter or any other duty of a tutor.
Acts 1995, No. 122, §1; Acts 1995, No. 1143, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4271. Court approval of action affecting minor's interest

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4272. Court approval of payments to minor

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4273. Appointment of agent

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4301. Purpose of sale or exchange

CHAPTER 9. ALIENATION OF MINOR'S PROPERTY
SECTION 1. GENERAL DISPOSITIONS
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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4303. Perishable property; crops

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4361. Adjudication of minor's interest to parent co-owner

SECTION 4. ADJUDICATION TO PARENT
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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4362. Recordation of judgment; mortgage in favor of minor

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4371. Petition for authority to exchange

SECTION 5. EXCHANGE
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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4394. Service of account

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.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4395. Opposition; homologation

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.