CHAPTER 2. APPOINTMENT OF PARTICULAR TUTORS Art. 4061. Natural tutor; general obligations Before a natural tutor enters upon the performance of his official duties, he must take an oath to discharge faithfully the duties of his office, cause an inventory to be taken or a detailed descriptive list to be prepared, and cause a legal […]
Art. 4061.1. Natural tutor; action for damages on behalf of child A. Notwithstanding Article 4061, the natural tutor of a minor child may file an action for damages based on a delictual obligation without the necessity of qualifying as tutor pursuant to Article 4061 and without the necessity of filing a petition pursuant to Article […]
Art. 4062. Tutorship by will The court shall appoint as tutor the person nominated as such in a testament or an authentic act, upon his furnishing security and taking an oath, as provided in Articles 4131 and 4171, unless he is disqualified or unless for some other reason the court determines that the appointment would […]
Art. 4063. Legal tutor The court shall appoint a legal tutor under the circumstances and according to the rules for priority provided by law, and in the manner provided in Articles 4065 through 4068.
Art. 4064. Dative tutor The court shall appoint a dative tutor under the circumstances provided by law and in the manner provided in Articles 4065 through 4068.
Art. 4065. Legal or dative tutor; petition for appointment; publication of notice When a petition for appointment as legal or dative tutor is filed, the applicant shall annex an affidavit listing to the best of his knowledge the minor’s ascendants and collaterals by blood within the third degree and the surviving spouse of the minor’s […]
Art. 4066. Opposition to application of legal or dative tutor An opposition to an application for appointment as legal or dative tutor may be filed at any time prior to the appointment, as provided in Article 4067. The opposition shall comply with Article 2972 and shall allege the grounds upon which it is claimed that […]
Art. 4067. Appointment of legal or dative tutor At any time after the expiration of ten days from date of publication or date of mailing of the notice as provided in Article 4065, whichever period is longer, if no opposition has been filed, the court shall appoint the applicant, unless he is disqualified under Article […]
Art. 4068. Appeal from judgment confirming, appointing, or removing tutor or undertutor; effect An appeal from a judgment confirming, appointing, or removing a tutor or an undertutor can only be taken within thirty days from the applicable date provided in Article 2087(A). Such judgment shall not be suspended during the pendency of an appeal. The […]
Art. 4069. Separate tutor of property A. In exceptional cases and for good cause shown, the court may appoint a bank or another person as administrator or tutor of the property of the minor. This appointment may be made upon the court’s own motion or upon the motion of the tutor or other person entitled […]
Art. 4070. Provisional tutor On the application of an interested person or on its own motion, pending the appointment of a tutor, the court may appoint a qualified person as provisional tutor of a minor, if such appointment is necessary for the welfare of the minor or for the preservation of his property.
Art. 4071. Security, oath, and tenure of provisional tutor A provisional tutor shall take an oath to discharge faithfully the duties of his office and shall furnish security as provided in Article 4132 for the faithful performance of his duties, in an amount determined by the court as adequate for the protection of the minor. […]
Art. 4072. Inventory or detailed descriptive list on appointment of provisional tutor When the court appoints a provisional tutor, it shall order the taking of an inventory or the preparation of a detailed descriptive list of the minor’s property as provided in Articles 4101 and 4102. Acts 1983, No. 344, §1.
Art. 4073. Functions, duties, and authority of provisional tutor The functions of a provisional tutor are limited to the care of the person of the minor and the preservation of his rights and property. In the performance of his functions, a provisional tutor has the same authority, and is subject to the same duties and […]
