Detailed Answer
Under Louisiana law, a court appoints a guardian (called a “tutor”) or guardian ad litem (often a tutor ad hoc) to protect a minor’s interest in an estate. Parents automatically serve as tutors for their children, but the court steps in when a conflict arises or when no suitable tutor exists. The process follows key provisions in the Louisiana Civil Code.
1. Identify the Need for Tutorship
Louisiana Civil Code art. 390 requires a tutor when a minor owns property or has an interest in a succession. If a parent cannot act—due to conflict of interest, incapacity or absence—the court must appoint a special tutor or tutor ad hoc:
- Special Tutor (art. 394): Serves for the entire tutorship when parents are unfit or waive their rights. La. Civ. Code art. 394.
- Tutor ad Hoc (art. 396): Appointed for a specific proceeding, such as administering an inheritance or approving a sale. La. Civ. Code art. 396.
2. File a Petition in Succession Court
An interested party (executor, heir or creditor) files a petition in the district court handling the succession. The petition must:
- Name the minor and describe the estate interest.
- Explain why a parent cannot serve (conflict, unavailability, incapacity).
- Propose a qualified tutor candidate (often a close relative or attorney).
3. Court Hearing and Appointment
The court schedules a hearing to review the petition. At the hearing, the judge examines the minor’s best interests and the proposed tutor’s qualifications. If satisfied, the court issues an order appointing the tutor or tutor ad hoc. The appointment order will:
- Define the tutor’s authority (e.g., manage assets, approve transactions).
- Set bond requirements to protect the minor’s assets.
- Require periodic accountings to the court.
4. Post-Appointment Duties
Once appointed, the tutor must take an oath, post bond and register with the court clerk. The tutor may:
- Collect and preserve estate assets.
- Invest or spend funds only as approved by court order.
- File annual or final accountings, per La. Civ. Code art. 390.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Start early: File the tutorship petition promptly after discovering the minor’s estate interest.
- Choose wisely: Select a proposed tutor with financial experience and no conflicts.
- Prepare documentation: Gather the minor’s birth certificate, succession papers and any relevant wills.
- Understand bonds: The court sets bond amounts to safeguard the estate; higher-value estates require larger bonds.
- Account regularly: Timely accountings reduce court challenges and protect the tutor from liability.