Guardianship of a Child or Adult in Louisiana

Louisiana calls guardianship of a child "tutorship." An unemancipated minor is placed under a tutor after the parents' marriage ends by death or divorce, or separation. There are four kinds: tutorship by nature (a parent), by will, by effect of law, and by court appointment. If no tutor was named by the last-dying parent, the judge appoints from qualified grandparents and other ascendants, blood relatives within the third degree, and the surviving spouse of the last-dying parent, whoever is in the minor's best interest. The petition is filed in district court, generally in the parish where the surviving or custodial parent is domiciled or where the minor lives.

Louisiana's adult guardianship is called "interdiction." A court may order full interdiction of an adult (or emancipated minor) who, because of an infirmity, cannot consistently make reasoned decisions about his person and property or communicate them, and whose interests cannot be protected by less restrictive means; limited interdiction covers only certain aspects of the person's care or property. Any person may file a verified petition in district court, and it must describe efforts to use less restrictive means and why they are insufficient. The court appoints a curator who must act in the interdict's best interest; a limited curator gets only the powers needed. Temporary or preliminary interdiction is available when harm is imminent.