By KAREN LAGRANGE COX
Parents have the natural responsibility to act as tutors for their minor children. However, if a minor child with an intellectual disability is unable to make decisions for themselves upon turning eighteen, the child would be considered a competent major unless a parent or guardian petitions the court for a Continuation of Tutorship in Louisiana. (Note: other states may have another name for this process.)
If the court grants a Continuation of Tutorship, the parent or guardian can continue decision-making for the child’s benefit under Louisiana Civil Code (CC) 356.
A Continuation of Tutorship should be petitioned when the child with intellectual disabilities is between the ages of fifteen and eighteen. After a child with intellectual disabilities turns eighteen, the process for establishing any decision-making authority would be interdiction, which can be more complex and costly than a Continuation of Tutorship.
“An interdiction is a legal process where a court is asked to determine, from testimony and other evidence presented, whether a person is unable, due to an infirmity, to consistently make decisions regarding his person and/or his property, or to communicate those decisions.” [source: Louisiana Governor’s Office of Elderly Affairs]
To learn more about a Continuation of Tutorship, consult a Louisiana attorney who specializes in this kind of tutorship.
