Louisiana Guardianship Laws: Tutorship and Interdiction (2026)

Louisiana does not use "guardianship" for most children and adults. A minor is placed under a tutorship after the parents' marriage ends or they are separated from bed and board, and the person in charge is a tutor, often a surviving or custodial parent (La. Civ. Code arts. 246, 250); someone other than a parent becomes tutor through a parent's appointment or a court appointment (art. 247). An adult who cannot consistently make or communicate reasoned decisions is placed under interdiction, full or limited, by a court, and the court appoints a curator to act for that person, the interdict (La. Civ. Code arts. 389, 390, 392). A court may order full interdiction only of a person "whose interests cannot be protected by less restrictive means" (art. 389), and the petitioner must prove the case by clear and convincing evidence (La. Code Civ. Proc. art. 4548).

Louisiana's civil-law vocabulary maps onto the terms other states use. The curator does the work a guardian or conservator does elsewhere, an undercurator oversees the curator (La. Civ. Code art. 393), and "except as otherwise provided by law, the relationship between interdict and curator is the same as that between minor and tutor" (La. Code Civ. Proc. art. 4566(A)). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Louisiana state law on tutorship of minors (Civil Code arts. 246 and following; Code of Civil Procedure arts. 4061 and following), continuing tutorship of persons with disabilities (Civil Code arts. 354-362), interdiction and curatorship of adults (Civil Code arts. 389-399; Code of Civil Procedure arts. 4541-4570), the provisional custody mandate (La. R.S. 9:951-954), supported decisionmaking agreements (La. R.S. 13:4261.101 and following) and interstate transfer (La. R.S. 13:4251.101 and following). It does not cover custody disputes between parents (see Louisiana child custody laws), grandparent visitation (see Louisiana grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Louisiana probate), child-in-need-of-care cases in juvenile court, or civil commitment and mental-health holds.

Louisiana terms and where the law lives

Louisiana keeps its civil-law terms, so the first job is translation:

The rules for children sit in Civil Code Book I, Title VIII, "Of Minors, of Their Tutorship and Emancipation," with the procedure in the Code of Civil Procedure starting at article 4061. The rules for adults sit in Civil Code Book I, Title IX, "Persons Unable to Care for Their Persons or Property" (arts. 389-399), with the procedure in Code of Civil Procedure articles 4541 to 4570.

Venue for an interdiction "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" (La. Code Civ. Proc. art. 4542). The Code of Civil Procedure calls the person the petition is about "the defendant."

How tutorship of a child works in Louisiana

The Civil Code lists "four sorts of tutorships: Tutorship by nature; Tutorship by will; Tutorship by the effect of the law; Tutorship by the appointment of the judge" (La. Civ. Code art. 247). Which one applies depends on whether a parent is living and whether the parent who died last named someone.

Tutorship by nature (a parent). "Upon the death of either parent, the tutorship of minor children belongs of right to the other" (art. 250). After a divorce or judicial separation from bed and board, the tutorship belongs of right to the parent under whose care the child has been placed or to whose care the child has been entrusted; if the parents have joint custody, both parents hold the cotutorship "with equal authority to act alone," under the further terms of article 250. Tutorship by nature "takes place of right, but the natural tutor must qualify for the office as provided by law" (art. 248). "The mother is of right the tutrix of her child born outside of marriage not acknowledged by the father, or acknowledged by him without her concurrence" (art. 256(A)).

Every other kind needs a court. In every other kind of tutorship, the court must confirm or appoint the tutor, who "must qualify for the office as provided by law" (art. 248).

When no parent named a tutor (a grandparent, aunt or uncle). This route applies after the parent who died last has died. While a parent is living, this route does not arise, and a relative caring for the child deals instead with custody, where a court may award custody to a non-parent if parental custody "would result in substantial harm to the child" (La. Civ. Code art. 133), or with a provisional custody mandate (below). When the parent who died last did not appoint a tutor, or the court did not confirm or excused the tutor that parent named, "the judge shall appoint to the tutorship, from among the qualified ascendants in the direct line, collaterals by blood within the third degree and the surviving spouse of the minor's mother or father dying last, the person whose appointment is in the best interests of the minor" (La. Civ. Code art. 263). A grandparent is an ascendant in the direct line. When a minor is an orphan with no tutor appointed by a parent and no relative who may claim the tutorship by effect of law, or the tutor is excluded, disqualified or excused, "the judge shall appoint a tutor to the minor" (art. 270).

Notice and the waiting period. The applicant gives the notice that Code of Civil Procedure article 4065 requires: an affidavit listing, to the best of the applicant's knowledge, the minor's ascendants and collaterals by blood within the third degree and the surviving spouse of the parent dying last who reside in the state; a copy of the petition mailed by registered or certified mail to each person listed; and notice published once in the parish where the petition was filed. "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" (La. Code Civ. Proc. art. 4067).

Provisional tutor in the meantime. "Pending the appointment of a tutor, the court may appoint a qualified person as provisional tutor of a minor, if such appointment is necessary for the welfare of the minor or for the preservation of his property" (La. Code Civ. Proc. art. 4070). "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" (art. 4073), and the provisional tutor serves until the court ends the appointment or a tutor has qualified (art. 4071).

Who may not serve, and the tutor's duties. No person may be appointed tutor who is under eighteen, interdicted or proved mentally incompetent, a convicted felon, indebted to the minor unless the debt is discharged before appointment, an adverse party to a suit to which the minor is a party, or proved on contradictory hearing to be incapable or unfit (La. Code Civ. Proc. art. 4231(A)); some of these grounds do not apply to a parent, with exceptions for certain felonies (art. 4231(B), (C)). "The tutor shall have custody of and shall care for the person of the minor" (art. 4261), and "a tutor shall file an account annually, reckoning from the day of his appointment," and whenever the court orders (art. 4391).

Continuing tutorship for a child with a disability. When an unemancipated minor above the age of fifteen "possesses less than two-thirds of the intellectual or adaptive functioning of a person of the same age with average intellectual or adaptive functioning," the parents (or the person entitled to custody or tutorship in the situations article 355 lists) may, with the written concurrence of the coroner of the parish of the minor's domicile, petition to place the minor under a full or limited continuing tutorship "that shall not automatically end at any age but shall continue until revoked by the court of domicile" (La. Civ. Code art. 355). "A person under full continuing tutorship has the legal capacity of an unemancipated minor or any lesser capacity as may be ordered in the decree," and a person under limited continuing tutorship has capacity according to the decree (art. 359). The person or anyone adversely affected may contest the decree, and "for good cause, the court may modify or terminate the decree restricting legal capacity" (art. 361).

Child-in-need-of-care cases are separate. When a child is in a child-in-need-of-care proceeding, guardianship runs through the Children's Code, and the juvenile court "shall retain jurisdiction to enforce, modify, or terminate a guardianship order until the child attains eighteen years of age" (La. Ch. Code art. 724(A)). This page does not cover that track.

For custody disputes between two parents, see Louisiana child custody laws; for a grandparent's right to visit, see Louisiana grandparents' rights.

Can a parent name a tutor in a will in Louisiana?

Yes. "The right of appointing a tutor, whether a relation or a stranger, belongs exclusively to the father or mother dying last" (La. Civ. Code art. 257). The same right "also belongs to a parent who has been named the curator for the other living spouse, when that other living spouse has been interdicted," subject to the interdicted parent's right to claim the tutorship if the incapacity is removed by judgment (art. 257). The Code calls this tutorship by will "because generally it is given by testament; but it may likewise be given by any declaration of the surviving father or mother, or the parent who is the curator of the other spouse, executed before a notary and two witnesses" (art. 257).

Divorce or separation changes who holds the right. "If the parents are divorced or judicially separated, only the one to whom the court has entrusted the care and custody of the children has a right to appoint a tutor for them"; if the parents have joint custody, the right belongs to the parent dying last, "but either parent may appoint a tutor of the property of the children" (La. Civ. Code art. 258).

The nomination still goes through the court. "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" (La. Code Civ. Proc. art. 4062).

Wills themselves have their own form rules; see Louisiana wills and trusts.

Letting a relative care for a child without going to court

One no-court option is the mandate of provisional custody. "A person having parental authority over a child may delegate the provisional custody of that child by written mandate to any natural person" (La. R.S. 9:951). The person receiving it is the mandatary.

How long it lasts. "The mandate of provisional custody shall be effective for the term stipulated, but the stated term shall not exceed one year from the date of execution" (R.S. 9:952(A)). Regardless of the term written into it, the mandate terminates:

1. When revoked by any person having parental authority.
2. When the mandatary resigns or otherwise renounces the mandate.
3. Fifteen days after the death of any person having parental authority.
4. Upon the qualification of a court-appointed tutor or provisional tutor.

(R.S. 9:952(B).)

What it can cover. A mandate "may provide for the health, education and welfare of the child," including "consenting to and authorizing such medical care, treatment, or surgery as may be necessary for the health, safety, and welfare of the child" and "enrolling the child in such schools or educational institutions as may be necessary for his proper education," among the other matters R.S. 9:953 lists. The authority is whatever the mandate itself grants within that section.

What it is not. The mandate delegates provisional custody; it does not create a tutorship, and it ends when a court-appointed tutor or provisional tutor qualifies (R.S. 9:952(B)(4)). Any person having parental authority can revoke it (R.S. 9:952(B)(1)). The statute sets out a form at R.S. 9:954.

How interdiction of an adult works in Louisiana

Louisiana has two levels of interdiction. Both require an infirmity and both require that the person's interests cannot be protected by less restrictive means.

A court may order the full interdiction of a natural person of the age of majority, or an emancipated minor, who due to an infirmity, is unable consistently to make reasoned decisions regarding the care of his person and property, or to communicate those decisions, and whose interests cannot be protected by less restrictive means.

La. Civ. Code art. 389

Limited interdiction uses the same test for a person who is unable consistently to make reasoned decisions "regarding the care of his person or property, or any aspect of either, or to communicate those decisions, and whose interests cannot be protected by less restrictive means" (La. Civ. Code art. 390). The Code does not define "infirmity."

The difference matters. "A full interdict lacks capacity to make a juridical act. A limited interdict lacks capacity to make a juridical act pertaining to the property or aspects of personal care that the judgment of limited interdiction places under the authority of his curator, except as provided in Article 1482 or in the judgment of limited interdiction" (La. Civ. Code art. 395).

Who may petition and what the petition must say

"Any person may petition for the interdiction of a natural person of the age of majority or an emancipated minor" (La. Code Civ. Proc. art. 4541(A)). The petitioner must verify the petition and, to the extent known, set out with particularity the items article 4541(A) lists, including:

• the reasons interdiction is necessary, "including a brief description of the nature and extent of the alleged infirmities of the defendant";
• if full interdiction is requested, "the reasons why limited interdiction is inappropriate";
• 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"; and
• a description with particularity of the petitioner's efforts to use less restrictive means before seeking interdiction, covering the less restrictive means considered or implemented, the reason any was not considered or implemented, and "the reason a less restrictive means is insufficient to meet the needs of the defendant" (art. 4541(A)(11)).

Service and notice

"Service of the citation and petition shall be personal." If the defendant is domiciled in Louisiana but located elsewhere, any person over eighteen may deliver a certified copy of the petition, citation and attachments to the defendant personally, and service is effective when a notarized affidavit of the delivery is filed. Failure to serve the defendant as article 4543(A) provides "shall preclude the court from granting the relief sought in the petition" (La. Code Civ. Proc. art. 4543(A)). "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" (art. 4543(B)). The petitioner must also mail the order fixing the hearing or trial by first-class mail to each other person named in the petition "at least ten days prior to the hearing" (art. 4546).

The person's right to a lawyer and to take part

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" (La. Code Civ. Proc. art. 4544(A)). "The attorney representing a defendant shall personally visit the defendant, unless such visit is excused by the court for good cause," and to the extent possible discusses the allegations, the relevant facts and law, and the defendant's rights and options (art. 4544(B)).

At the hearing, "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" (art. 4547). If the defendant cannot come to the courthouse, the judge may hold the hearing where the defendant is, and the hearing may be closed for good cause (art. 4547).

Examination

An examination is not automatic. "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" (La. Code Civ. Proc. art. 4545). The examiner's written report goes to the court, all counsel of record and any unrepresented parties "not less than seven days prior to a hearing," and may address the infirmities, whether a less restrictive means of intervention is available, and the type of interdiction that is appropriate (art. 4545).

The hearing and the burden of proof

"An interdiction proceeding shall be heard summarily and by preference" (La. Code Civ. Proc. art. 4547). The interdiction articles provide for a hearing before the judge and do not provide for a jury trial. "The petitioner in an interdiction proceeding bears the burden of proof by clear and convincing evidence" (art. 4548).

Limited interdiction and the less-restrictive rule

Both forms of interdiction carry the "less restrictive means" condition (La. Civ. Code arts. 389, 390), and a petitioner seeking full interdiction must explain why limited interdiction is inappropriate (La. Code Civ. Proc. art. 4541(A)(4)). 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" (art. 4551(B)). Likewise, the court "shall confer upon a curator of a limited interdict only those powers required to protect the interests of the interdict" (La. Civ. Code art. 392).

Who serves as curator

"The court shall appoint as curator the qualified person who is best able to fulfill the duties of his office" (La. Code Civ. Proc. art. 4561(A)). The court must consider qualified persons in this order of preference (art. 4561(C)(1)):

1. A person designated by the defendant in a writing signed by him while he had sufficient ability to communicate a reasoned preference.
2. The spouse of the defendant.
3. An adult child of the defendant.
4. A parent of the defendant.
5. An individual with whom the defendant has resided for more than six months prior to the filing of the petition.
6. Any other person.

Some people may never serve: a person under eighteen, an interdicted person, and a nonresident of the state without a resident agent for service of process (art. 4561(B)(1)). Except for good cause shown, these people are also not qualified: a convicted felon; a person indebted to the interdict at the time of appointment; an adverse party in a lawsuit pending against the interdict at the time of appointment; and an owner, operator or employee of a long-term care institution where the interdict is receiving care, unless related to the interdict (art. 4561(B)(2)).

The court also appoints an undercurator "to discharge the duties prescribed for him by law" (La. Civ. Code art. 393).

What a curator can decide, and what the interdict keeps

The curator represents the interdict "in juridical acts" and cares "for the person or affairs of the interdict, or any aspect of either" (La. Civ. Code art. 392). Beyond the tutor rules that apply through article 4566(A), the Code of Civil Procedure sets specific limits in article 4566:

• "A curator shall not establish or move the place of dwelling of the interdict outside this state without prior court authorization" (art. 4566(F)).
• "A curator may not consent to an abortion or sterilization of the interdict without prior court authorization" (art. 4566(G)).
• "Neither a curator nor a court shall admit or commit an interdict to a mental health treatment facility except in accordance with the provisions of R.S. 28:50 through 64" (art. 4566(H)).
• A curator appointed in an order of temporary interdiction "shall have no authority to admit the defendant to a residential or long-term care facility in the absence of good cause shown at a contradictory hearing" (art. 4566(I)).

Family contact. "A curator shall allow communication, visitation, and interaction between an interdict who is over the age of eighteen years and a relative of the interdict by blood, adoption, or affinity within the third degree, or another individual who has a relationship with the interdict based on or productive of strong affection if it would serve the best interest of the interdict" (art. 4566(J)). Those relatives and close persons may file a rule to show cause seeking visitation, communication or interaction with an adult interdict, and on good cause are entitled to an expedited hearing; good cause includes a showing that the interdict is not likely to survive beyond six months (art. 4570).

Rights kept. A limited interdict "retains the capacity of a natural person except as expressly limited by the judgment" (art. 4551(B)).

Voting. Within fifteen days of qualifying, the curator must mail a certified copy of a judgment of full interdiction, "or limited interdiction for mental incompetence which specifically suspends the right to register and vote," to the registrar of voters of the parish where the interdict is registered or otherwise eligible but for the interdiction, by certified mail or commercial courier (La. Code Civ. Proc. art. 4552(C)(1)).

Reports. "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" (art. 4569(A)). 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," and "at any time, the court may appoint an attorney to represent the interdict" (art. 4569(B)).

The curator's money duties

In Louisiana the curator, or a limited curator with property powers, handles the interdict's affairs (La. Civ. Code art. 392).

• Security. "The person appointed as the curator shall furnish security conditioned on the faithful discharge of his duties," and the rules in articles 4101 through 4102, 4131 through 4133 and 4136 apply (La. Code Civ. Proc. art. 4563(A)).
• Inventory or descriptive list. "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" (art. 4563(B)).
• Spending. "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" (art. 4567).
• Accounts. "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" (art. 4569(A)).

Temporary and preliminary interdiction in an emergency

Louisiana's emergency tools come in two steps. Either one requires a pending interdiction petition, and a court may order it "when there is a substantial likelihood that grounds for interdiction exist and substantial harm to the health, safety, or property of the person sought to be interdicted is imminent" (La. Civ. Code art. 391).

Temporary interdiction (ex parte). "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" (La. Code Civ. Proc. art. 4549(A)(1)). The court must schedule a preliminary interdiction hearing "not more than ten days following the signing of the ex parte judgment of temporary interdiction," and on motion of the defendant or for extraordinary reasons shown at a contradictory hearing may continue that hearing once for up to ten days (art. 4549(A)(1)). A request for ex parte temporary interdiction must be accompanied by an affidavit of a licensed physician or psychologist supporting the article 391 grounds, a verified petition or affidavit supporting the claim of immediate and irreparable injury, and an affidavit on the efforts made to give notice or why notice should not be required (art. 4549(A)(2)). "A judgment of temporary interdiction granted ex parte terminates ten days after being signed," and on motion of the defendant or for extraordinary reasons shown at a contradictory hearing, the court may extend it "for one additional period not to exceed ten days" (La. Civ. Code art. 397).

Preliminary interdiction (after a hearing). "The court shall not grant a judgment of preliminary interdiction prior to an adversarial hearing," and must conduct the hearing "within twenty days of signing the order scheduling the hearing" (La. Code Civ. Proc. art. 4549(B)(1)). All orders, pleadings and supporting documents must be served personally on the defendant and the defendant's attorney no later than seventy-two hours before the preliminary hearing (art. 4549(B)(2)). A judgment of preliminary interdiction "terminates thirty days after being signed, unless extended by the court for good cause for a period not exceeding thirty days" (La. Civ. Code art. 397).

A lawyer in both. "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" (La. Code Civ. Proc. art. 4549(C)). A curator appointed under temporary interdiction cannot place the person in a residential or long-term care facility without good cause shown at a contradictory hearing (art. 4566(I)).

How an interdiction ends or is changed

"The court may modify or terminate a judgment of interdiction for good cause. Interdiction terminates upon death of the interdict or by judgment of the court" (La. Civ. Code art. 397).

The request can come from anyone, including the person under 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" (La. Code Civ. Proc. art. 4554). "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" (art. 4554). That standard of proof is lower than the clear and convincing evidence needed to interdict in the first place (art. 4548).

An interdiction order or judgment "is not suspended during the pendency of an appeal" (art. 4555).

Alternatives to interdiction in Louisiana

Supported decisionmaking agreements. Louisiana's Supported Decisionmaking Agreement Act, La. R.S. 13:4261.101 and following (Acts 2020, No. 258), states its purpose this way: "to recognize a less restrictive decisionmaking process and empowers supported decisionmaking as an option over interdiction for adults with disabilities who need assistance with decisions regarding daily living" (R.S. 13:4261.103). The agreement has formal requirements:

• It "shall be in the form of an authentic act, dated, and signed by the adult or by the adult's guardian if the adult lacks capacity under Civil Code Article 1918" (R.S. 13:4261.205(C)).
• It "shall contain a separate declaration signed by each supporter named in the agreement indicating the supporter's relationship to the adult, willingness to act as a supporter, and acknowledgment of the duties of a supporter" (R.S. 13:4261.205(D)).

An agreement that complies with Part II of the chapter "is presumed valid," and "a party may rely on the presumption of validity unless the party has actual knowledge that the supported decisionmaking agreement was not validly executed" (R.S. 13:4261.301). The agreement ends if a court appoints a temporary or permanent guardian for the adult's person or property, unless the appointment order both expressly modifies but continues the agreement and limits the guardian's powers and duties (R.S. 13:4261.207(A)(6)). It also ends if the adult signs a valid durable power of attorney, "except to the extent that the power of attorney expressly continues, in whole or in part, the supported decisionmaking agreement," and on the adult's death, a revocation, or the court findings listed in R.S. 13:4261.207(A).

Acts 2020, No. 258 also amended Code of Civil Procedure article 4541, which now requires an interdiction petition to describe the less restrictive means considered or implemented (art. 4541(A)(11)).

Powers of attorney and advance directives. A person who still has capacity can plan ahead with a power of attorney. Louisiana's signing and form rules are on our Louisiana power of attorney laws page. Free drafting tools are available for a Louisiana power of attorney and a Louisiana advance directive; a document produced with either is valid only if it is signed according to Louisiana's rules described on the linked power of attorney page.

Medical consent without interdiction. Louisiana's consent statute lets listed persons consent to surgical or medical treatment in a priority order, when no one in a prior class "is reasonably available, willing, and competent to act," beginning with the adult, then a judicially appointed tutor or curator, an agent under a valid mandate "specifically authorizing the agent to make health care decisions," the spouse not judicially separated, and an adult child, followed by others the statute lists (La. R.S. 40:1159.4(A)).

Federal benefits. The Social Security Administration decides for itself whether representative payment is in a beneficiary's interest and appoints its own payee; it "may appoint the legal guardian or some other person" for a legally incompetent beneficiary (20 C.F.R. § 404.2001(b)(2)). The guardianship hub covers the federal layer.

Moving to or from Louisiana

Louisiana enacted the Louisiana Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, La. R.S. 13:4251.101 and following (Acts 2016, No. 333). For interstate purposes it uses the generic terms guardian and conservator.

• Moving out. "A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (R.S. 13:4251.301(A)). Separately, a curator may not move the interdict's dwelling outside Louisiana without prior court authorization (La. Code Civ. Proc. art. 4566(F)).
• Moving in. "If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing certified copies of the order and letters of office in the mortgage and conveyance records of any appropriate parish of this state" (R.S. 13:4251.401).

Recent changes

Code of Civil Procedure article 4566, on the curator's duties and limits, carries amendments by Acts 2021, No. 163; Acts 2022, No. 22; and Acts 2024, No. 163. Acts 2026, No. 11, effective August 1, 2026, amended article 4566(C) on court-authorized donations by curators of interdicts with a net worth of $100 million or more; it did not change the residence, abortion, sterilization, admission or visitation rules quoted above. Article 4552, on recording the judgment and notice to the registrar of voters, was amended by Acts 2024, No. 25. Civil Code article 250, on tutorship by nature, was amended by Acts 2022, No. 121, effective May 25, 2022. Acts 2024, No. 123 amended the continuing tutorship articles (Civil Code arts. 354-362). Supported decisionmaking agreements date from Acts 2020, No. 258.

Louisiana tutorship and interdiction at a glance

Related Louisiana pages

• Guardianship laws by state
• Louisiana power of attorney laws
• Louisiana child custody laws
• Louisiana grandparents' rights
• Louisiana wills and trusts

This article provides general legal information about Louisiana tutorship and interdiction law, not legal advice. These cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Louisiana or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

Does Louisiana have guardianship?

Louisiana uses its own civil-law terms: a child is placed under a tutorship with a tutor (La. Civ. Code art. 247), and an adult is placed under full or limited interdiction with a curator, overseen by an undercurator (arts. 389, 390, 392, 393). For interstate transfers, La. R.S. 13:4251.101 and following uses the terms guardian and conservator.

How do I get tutorship of my grandchild in Louisiana?

Tutorship by a relative under La. Civ. Code art. 263 arises after the parent who died last has died. While a parent is living, a relative caring for the child deals with custody (a court may award custody to a non-parent if parental custody would result in substantial harm to the child, art. 133) or a provisional custody mandate (La. R.S. 9:951). If the parent who died last did not name a tutor, or the court did not confirm or excused that tutor, the judge appoints from the qualified ascendants in the direct line (such as grandparents), collaterals by blood within the third degree and the surviving spouse of the parent dying last, the person whose appointment is in the child's best interests (La. Civ. Code art. 263). After the notice period in La. Code Civ. Proc. art. 4067 runs with no opposition, the court shall appoint the applicant unless disqualified under art. 4231.

How long does a provisional custody mandate last in Louisiana?

For the term the mandate states, which cannot exceed one year from the date it is signed (La. R.S. 9:952(A)). It ends sooner if any person having parental authority revokes it, the mandatary resigns, 15 days after the death of any person having parental authority, or when a court-appointed tutor or provisional tutor qualifies (R.S. 9:952(B)).

Can a parent name a tutor for a child in a will in Louisiana?

The parent who dies last may, and so may a parent who is the curator of the other, interdicted parent, by testament or by a declaration executed before a notary and two witnesses (La. Civ. Code art. 257). After a divorce or judicial separation, only the parent with care and custody may; with joint custody, the parent dying last appoints, but either parent may appoint a tutor of the children's property (art. 258). The court appoints that person on security and oath unless the person is disqualified or the appointment would not be in the child's best interest (La. Code Civ. Proc. art. 4062).

What must be proved to interdict an adult in Louisiana?

That the person, due to an infirmity, is unable consistently to make reasoned decisions about the care of person and property (or, for limited interdiction, person or property or any aspect of either), or to communicate them, and that the person's interests cannot be protected by less restrictive means (La. Civ. Code arts. 389, 390). The petitioner must prove it by clear and convincing evidence (La. Code Civ. Proc. art. 4548).

Does the person get a lawyer in a Louisiana interdiction case?

If the defendant does not appear through an attorney, the court shall appoint one, and discharges that attorney only if the defendant hires a lawyer or intelligently and voluntarily waives one (La. Code Civ. Proc. art. 4544(A)). The court must also appoint an attorney in every ex parte temporary interdiction and every order setting a preliminary hearing (art. 4549(C)).

How long does a temporary interdiction last in Louisiana?

An ex parte temporary interdiction terminates ten days after it is signed, unless the court extends it once for up to ten more days on the defendant's motion or for extraordinary reasons shown at a contradictory hearing, and a preliminary interdiction granted after an adversarial hearing terminates 30 days after signing unless the court extends it for good cause for up to 30 more days (La. Civ. Code art. 397).

Can a curator move an interdict out of Louisiana?

Not without prior court authorization (La. Code Civ. Proc. art. 4566(F)). A curator also needs prior court authorization to consent to an abortion or sterilization, and may admit an interdict to a mental health treatment facility only under R.S. 28:50 through 64 (art. 4566(G), (H)).

How can an interdiction be ended in Louisiana?

The court or any person, including the interdict, may move to modify or terminate it, and the court may do so if it finds by a preponderance of the evidence that the judgment is currently excessive or insufficient or that the interdict's ability has so changed as to warrant it (La. Code Civ. Proc. art. 4554). Except for good cause, the court follows substantially the same procedures as for an original petition.

Does Louisiana have supported decision-making?

Yes. The Supported Decisionmaking Agreement Act, La. R.S. 13:4261.101 and following, recognizes supported decisionmaking as an option over interdiction for adults with disabilities; the agreement must be in the form of an authentic act with a separate signed declaration from each supporter (R.S. 13:4261.103, 13:4261.205).