Fortunately Louisiana Law allows for children who meet certain requirements to be placed under permanent tutorship. For these special children (severely retarded) this is the preferred process because it is less costly and time consuming than a formal interdiction, but both require a court proceeding.

For a child to be placed under permanent tutorship, he/she must be over the age of fifteen and possesses less than 2/3rd's the average mental ability of a normal person of the same age. This is proven by standard testing procedures administered by a qualified professional. As strange as this may seem, it is the coroner of the parish where the child lives who must agree to the permanent tutorship. Before the legal documents are filed with the court, the coroner reviews the evidence and then agrees or disagrees with the request of the parents that they are entitled to place their child under a continuing tutorship. This continuing tutorship does not automatically end at a certain age, but continues until revoked by the Court of the parish where the child resides.

There is a three year window of opportunity for the parents of the retarded person to utilize this procedure. This process is available to the parents when the child reaches the age 15 until the child reaches the age of 18. After the child is 18, the parents must go through a full interdiction process to be able to act on his/her behalf. It is important to start the process months before the child turns 18 as the whole process can take some time to be accomplished.

If the continuing or permanent tutorship is granted, the legal document (decree) granting the tutorship must be recorded in the conveyance and mortgage records of the parish where the child lives. If the family moves to a different parish, the documents should be filed in the same records of that parish.

The tutor has the same authority, privileges, and responsibilities as in other tutorships, including the same authority to give consent for any medical treatment or procedure, to give consent for any educational plan or procedure, and to obtain medical, educational, or other records.

Contact us for more information at 504-467-1092 or 504-467-1130