Tutorship in Louisiana
Tutorship in Louisiana is essentially what other states would term “guardianship.” A tutor is someone who is legally responsible for the welfare and care of a minor child. The Bayou State allows for several different forms of tutorship.
Different Types of Tutorship
Conditions for Removing a Tutor
When you write a will or create an estate plan, you should always discuss a prospective tutor’s ability and willingness to care for a minor child. However, individual circumstances can and often do change. If a tutor is no longer able to provide for the child’s well-being, they could be removed.
Why a Tutor Might Be Removed
Removing a Tutor in Louisiana
You might wish to remove a tutor if:
While you may have compelling reasons to request the removal of a tutor, you must still file a motion with the concerned court. Since this motion is subject to court oversight and approval, you might need an attorney’s assistance to successfully press your case.
Why You Might Need an Attorney’s Help
You cannot simply ask the court to remove a tutor and expect a judge to issue an order. The removal of a tutor is governed by the Louisiana Civil Code of Procedure. The tutor will only be removed if certain conditions exist.
Removing a Tutor If One or More of the Following Conditions Exist
The court may ask you to provide evidence of the tutor’s breach of duty. Often, this evidence cannot be obtained without a thorough investigation and intimate understanding of state civil procedures.
A Louisiana estate attorney could help your family protect a minor child by constructing a compelling, evidence-based claim of the tutor’s legal inability to care for the child and protect their best interests.
Contact Us When a Child’s Well-Being Is at Stake
If you believe that a Louisiana tutor appointed by a will or the court cannot care for a child, send Scott Vicknair, LLC a message online, or call our Louisiana Succession Attorneys at 504-264-1057 to schedule your free initial consultation.