About continuing tutorship

Continuing tutorship is an option if:

  • Your child is between age 15 or older.

  • Your child has 2/3 or less of the average mental ability of a person their age. This would be an I.Q. of 67 or less.

  • You will need to make most or all their decisions for them, even after they turn 18.

What is "tutorship"?

  • If you have a child under age 18, you are your child's tutor. This means you have the authority to make decisions for them.

  • Why? The law assumes all minors under 18 are not competent to be legally responsible for themselves.

  • As your child's tutor, you are responsible for taking care of them. This relationship you have with your child is called tutorship.

What is a "continuing tutorship"? 

  • It simply continues your status as your child's tutor.

  • Your child is considered a "permanent minor". They can continue doing anything a minor could do with parental consent.

  • It makes it legal for you to continue making decisions for your child after they turn 18. Why? Because they are still not competent to be legally responsible for themselves.

  • You will keep many of the same rights you had before, but you have to outline them carefully and get approval. There are a few steps you need to take to prove you need to continue this arrangement. It doesn't happen automatically.

When should you start the process?

  • Before your child turns 18! You can legally start the process once your child turns 15.

  • It's best to start the process when your child is between 15 and 17 years old. It will give you plenty of time to talk about what you need to do for them before they become an adult. Once your child is 17, you'll have a good idea of how they will function at age 18.

  • You can still get a continuing tutorship after your child turns 18, but you have to go through the court process which is longer and often more expensive.

Note: There are some differences in the process if your child is over or under 18. Click the box below to learn more.

If your child is under 18:

You most likely won't need to show up in court to talk with the judge about your Petition. You should be able to submit your documents, wait for the judge to review them, then if granted, the judge will sign an Order granting you the continuing tutorship. You will then make sure the Order gets recorded in the Parish Mortgage Record.

If your child is over 18:

You will need to go through a longer court process. Be prepared that it might take more time and money. The doctor or medical professional who evaluated your child may need to take the stand or have their deposition taken. The deposition would be then sent to the court as evidence.

 

Source: Advocacy Center of LA; In Re Franques

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