How to modify the tutorship if things change

Don't panic! You can modify the continuing tutorship if your child develops more capacity to make decisions.

You or your child can challenge the tutorship by showing that your child has the capacity to make decisions that are currently under the tutor's authority.

Here's what you can do:

  • Bring evidence to show your child can make independent decisions. Evidence should include a signed statement (called an affidavit) from the doctor saying your child now has 2/3 of the capacity of a typical young adult their age.

  • Go to the District Court where your child lives.

  • You can do this whenever you or your family member believe they now have the capacity to make legally-binding decisions.

The map below shows all of the judicial districts in Louisiana.

Each one has its own court. That's where you will file your petition:

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Each district court should have its own website that lists helpful information, including the costs for filing documents.

Some parishes share the same district court. If you live in one of these parishes, you should call the Clerk's Office for your district court and ask where to file a petition. You can find this information by searching online for "Clerk's office + [your district court]".

Source: LA Supreme Court

 

Source: Advocacy Center LA

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