Continuing Tutorship in Louisiana: What Parents of Children With Disabilities Need to Know
As parents, we spend a lot of time thinking about how to protect our children. We plan for their education. We make sure they have a safe place to live. We teach them how to navigate the world and, eventually, how to become independent adults. But what happens when your child may need continued support after turning 18? For parents of children with intellectual or adaptive disabilities, this can be an especially important question.
In Louisiana, continuing tutorship may provide a legal way for certain children to continue having a tutor or guardian after reaching the age of majority. In conjunction with a special needs trust, continuing tutorship provides a means for parents of children with intellectual or adaptive disabilities to protect and provide for their children throughout their life.
What Is Tutorship in Louisiana?
In Louisiana, a minor child who is not emancipated may be placed under the authority of a tutor in certain circumstances. A tutor is responsible for caring for the child and helping manage matters on the child's behalf. For example, when both parents are deceased and a guardian or tutor needs to be appointed to care for a child, Louisiana law generally provides for tutorship.
Ordinary tutorship generally concerns a child's minority. But what happens when a child is approaching adulthood and has a disability that means they may continue to need legal support? That's where continuing tutorship comes into the picture.
What Is Continuing Tutorship?
Continuing tutorship is a special legal proceeding that allows certain minors with disabilities to remain under a full or limited tutorship beyond the age at 18 when ordinary tutorship would otherwise end.
Under current Louisiana law, continuing tutorship may be sought for an unemancipated minor who is over the age of 15 but under the age of majority and who meets the statutory requirements concerning intellectual or adaptive functioning. Similar to an interdiction, the continuing tutorship may be full or limited. Some young adults may need significant assistance with legal and financial decisions, while others may be capable of making many decisions independently but need help with certain areas of their lives.
Why Would a Parent Consider Continuing Tutorship?
Turning 18 is an important milestone. For many young adults, it means gaining the ability to make their own legal, financial, medical, and other decisions. But some young people with disabilities may not have the intellectual or adaptive functioning necessary to make all of those decisions independently. Without appropriate planning, parents can find themselves facing a very different legal landscape once their child reaches adulthood.
A continuing tutorship may allow a parent or another appropriate person to continue assisting the young person in a legally recognized capacity, such as having access to medical and financial records and being able to communicate with doctors regarding treatment. The goal isn't to take away a child's independence unnecessarily. The goal is to provide the appropriate level of legal protection and support.
Full vs. Limited Continuing Tutorship
Full Continuing Tutorship
A full continuing tutorship provides broader authority for the tutor to act on behalf of the person under tutorship, such as maintaining control over both medical and financial decisions This may be appropriate when the young person needs substantial assistance with decision-making.
Limited Continuing Tutorship
A limited continuing tutorship is designed for situations where a person may be capable of making some decisions independently but needs assistance with others. This recognizes something parents already know very well: Every child is different. A young person may be highly capable in some areas while needing significant support in others.
When Does the Process Begin?
Continuing tutorship isn't something that automatically happens when a child turns 18. It is a court proceeding. Under Louisiana law, a petition may be filed while the child is over 15 and still a minor, provided the statutory requirements are met. The law requires evidence concerning the child's intellectual or adaptive functioning, and the process involves the court. Because this is a legal proceeding involving your child's rights and legal capacity, it is important to begin planning early rather than waiting until your child is about to turn 18.
What Does the Court Consider?
The continuing-tutorship process requires evidence regarding the child's functioning. Louisiana's current law recognizes both intellectual functioning and adaptive functioning. Adaptive functioning can include areas such as communication, daily living skills, socialization, and other practical abilities. This is significant because a person's ability to function in everyday life may not always be fully reflected by a traditional measure of intellectual ability. The court must determine whether the requirements for continuing tutorship have been met.
Can a Parent Serve as the Tutor?
In many circumstances, yes. Louisiana law contains specific provisions addressing the appointment of parents as tutors in continuing-tutorship proceedings. For example, when parents are married and petition jointly, the court generally appoints them as co-tutors unless there is good cause to do otherwise. There are also specific rules addressing situations involving divorced parents, a deceased parent, or parents who were never married. The specific circumstances of your family matter, particularly if there are existing custody orders or other family-law issues.
Does Continuing Tutorship Automatically End at 18?
No. This is one of the most important distinctions between ordinary tutorship and continuing tutorship. A properly established continuing tutorship does not automatically end simply because the young person reaches the age of majority. Under current Louisiana law, a full or limited continuing tutorship remains in place until the court sets aside the decree. This is precisely why continuing tutorship can be an important planning tool for families whose children will need ongoing legal support after reaching adulthood.
Is Continuing Tutorship the Same as Interdiction?
While they are similar in nature, no, continuing tutorship and interdiction are not the same. These are separate legal proceedings. Continuing tutorship applies to qualifying minors who are over 15 and under the age of majority. Once a person reaches adulthood, Louisiana's law concerning interdiction may become relevant in appropriate circumstances. Continuing tutorship is sought for individuals between ages 15 and 18, while the law of interdiction applies once the person reaches the age of majority. This is one reason early planning is so important. Waiting until after your child turns 18 may mean that a different legal process is necessary.
What About My Child's Independence?
This is often one of the biggest concerns parents have. You may wonder: "If my child can do some things independently, do they really need a tutor?" That's exactly why the distinction between full and limited continuing tutorship can be important. The goal isn't necessarily to make every decision for your child. Instead, the court can consider whether a limited continuing tutorship is appropriate when a young person can make reasoned decisions regarding some matters but not others. A thoughtful estate and incapacity plan should focus on giving your child as much independence as possible while providing the support they actually need.
When Should Parents Start Thinking About This?
If your child has a disability that may affect their ability to make legal or financial decisions independently as an adult, don't wait until their 18th birthday is around the corner.
Starting the conversation while your child is still a minor gives your family time to:
Understand your legal options
Gather the necessary documentation
Discuss who should serve as tutor and undertutor
Consider whether full or limited continuing tutorship may be appropriate
Prepare for the transition to adulthood
Coordinate continuing tutorship with your child's broader estate and financial planning
Planning ahead can make an already emotional transition much less stressful.
Continuing Tutorship Is About Protection—Not Taking Away Independence
Every parent wants their child to have as much independence, dignity, and opportunity as possible. For some families, that means stepping back and allowing their child to make more decisions independently. For others, it means recognizing that their child will need ongoing assistance into adulthood. Continuing tutorship can provide a legal framework for that support. It's not about treating your child as less capable. It's about making sure they have the right protections in place for the life they're building.
Do You Have Questions About Continuing Tutorship?
If your child is approaching age 18 and you have concerns about their ability to independently manage legal, financial, or other important matters, now is a good time to start planning. Continuing tutorship is a specialized area of Louisiana law, and the right approach depends on your child's individual circumstances. If you live in Metairie, Kenner, New Orleans, or elsewhere in Louisiana, our firm can help you understand the process and determine what steps may be appropriate for your family.
You don't have to figure it all out at once. The most important thing is to start the conversation early.
Schedule a consultation to discuss continuing tutorship and your child's transition to adulthood.
Legal Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this content does not create an attorney-client relationship between you and Samantha Weidner Attorney and Counselor at Law, LLC. Laws change frequently and vary by jurisdiction, so you should not rely on this information as a substitute for legal advice from a qualified attorney licensed in your state. For advice regarding your specific situation, please contact our office directly.