Louisiana: Does Appointment as Guardian of the Person Also Give Estate Authority? | Louisiana Estate Planning | FastCounsel
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Louisiana: Does Appointment as Guardian of the Person Also Give Estate Authority?

Understanding Separate Appointments for Personal and Financial Guardianship in Louisiana

Detailed Answer

Short answer: No. In Louisiana, being appointed to care for a person does not automatically give you authority to manage that person’s money and property. The court normally divides responsibilities into two distinct roles: authority over personal decisions (care, residence, medical consent) and authority over financial affairs (assets, bills, property). The court can appoint the same person to both roles, but it must make a separate finding and entry of appointment for control of the estate (the person’s property and money).

How this works in practice:

  • The initial protective or interdiction proceeding asks the court to decide whether the person is in need of a guardian for personal care, a curator/guardian for the estate, or both. The judge reviews medical evidence, testimony, and reports before making appointments and defining powers.
  • If the court appoints you only for personal care, you can make decisions about living arrangements, daily care, and medical treatment to the extent the court allows. You will not have authority to collect income, sign contracts, sell property, or access bank accounts unless the court separately appoints you over the estate.
  • If the court appoints you to manage the estate (sometimes called a curator or conservator in other jurisdictions), you will have express authority to handle financial matters. The court will define the scope of that authority and typically requires an inventory, bond, and periodic accounting of financial activity.
  • A combined appointment is common when one person can safely handle both roles. If you want both roles, ask the court at the initial hearing to appoint you for both the person and the estate and to spell out the scope of authority and any required protections (bond, restrictive accounts, court approval for major transactions).

Key differences in duties and safeguards:

  • Guardian of the person: focuses on wellbeing — housing, medical care, safety, and day-to-day decisions. Courts often limit this role by specific directives and periodic review.
  • Guardian/curator of the estate: handles money, property, taxes, contracts, and litigation involving the person’s assets. Courts typically require an inventory, bonding or other security, and written accountings. Large transactions may need prior court approval.

Temporary and emergency appointments: The court can make temporary orders to address urgent needs (medical decisions or immediate access to funds for care). Those temporary orders do not substitute for a full estate appointment and are limited in time and scope.

Practical example (hypothetical): Suppose you are appointed guardian of an elderly parent’s person. You can decide where they live and consent to routine medical care. If a past-due tax bill or a bank account must be managed, you will need the court to appoint you to manage the estate (or grant specific limited authority) before you can act on those financial matters.

What to ask the court or include in your petition:

  • Request appointment for both person and estate if you intend to handle both.
  • Ask the court to state clearly which powers you have (e.g., open/close bank accounts, pay bills, sell property) and any limits (e.g., must seek court approval for property sales).
  • Be prepared to provide an inventory of assets and documentation to support bonding or other protective measures the court may require.

Bottom line: Louisiana treats personal and financial guardianship as separate legal responsibilities. You won’t gain authority over the estate merely by being named guardian of the person unless the judge specifically appoints you to manage the estate as well.

This is not legal advice. The information above explains general rules and common court practices. Laws and procedures can vary by parish and by the facts of each case. Consult a Louisiana attorney to apply these principles to your situation and to file or oppose petitions properly. For help finding an attorney, you can contact the Louisiana State Bar Association: https://www.lsba.org/.

Helpful Hints

  • Ask the court for both appointments at the initial hearing if you want responsibility for the person and the estate — that can avoid a second proceeding.
  • Bring evidence of the person’s assets (bank statements, deeds, account numbers) to the hearing if you plan to seek estate authority.
  • Expect the court to require an inventory, bond, and periodic accountings if you are appointed to manage the estate.
  • Get court authorization for major transactions (real estate sales, large gifts, or retirement account distributions) — doing these without permission can expose you to liability.
  • If urgent funds are needed, request a temporary limited order from the court describing exactly what you may access and for how long.
  • Keep careful records and receipts. Accurate recordkeeping reduces disputes and helps with required accountings to the court.
  • Consider seeking probate or guardianship counsel in the parish where the proceeding will occur — local practice and judges’ preferences vary.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.