Guardianship in Louisiana
State-specific overview · Estate & Probate
Louisiana uses a civil law system where guardianship (tutorship) is governed by the Civil Code and emphasizes the tutor's fiduciary duties to the ward.
How Louisiana treats Guardianship
Louisiana Civil Code Articles 871–915 establish tutorship, which functions similarly to guardianship in common law states but with distinct terminology and procedures. The court appoints a tutor who acts as a fiduciary with broad authority over the ward's person and property, subject to court oversight. Louisiana requires tutors to file annual accountings and obtain court authorization for significant transactions like selling immovable property. The tutor must act in good faith and cannot profit from the tutorship except for reasonable compensation approved by the court.
The general definition of Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Read the full Guardianship entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Louisiana.