Continuing Tutorship: What You Should Know WRITTEN BY CHRISTIE TOURNET
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CONTINUING TUTORSHIP IS the legal process where a court appoints a guardian with the legal authority to continue to make decisions and manage affairs on a child's behalf after the child reaches the age of majority (18). If you have a child with an intellectual disability, you should consider if continuing tutorship may be in your and your child’s best interest, as this process is available only during a short timeframe. Specifically, your child must be at least 15 years of age, but cannot be over 18 years of age to proceed. Once the child turns 18 years of age, you can no longer ask for a continuance of tutorship. Instead you will have to proceed with a more complicated and expensive legal process, an interdiction. While an interdiction proceeding requires hearings, formal appearances and additional evidence including expert testimony, the continuing tutorship process is, customarily, a pleading-based process. For example, to proceed with a continuing tutorship, documents must evidence that a child's cognitive abilities are at a level of twothird or less than an average child’s cognitive abilities at the same age. That evidence is usually provided by doctor affidavit or standardized test results. And, the coroner of the parish must also concur in the request for the continuing tutorship appointment. Then, upon the court’s agreement to the request, the tutor receives the appointment and takes an oath and the decree is recorded in the parish conveyance and mortgage records. Thereafter, the decree provides the tutor with continued authority to consent to medical procedures and educational plans and to obtain medical, educational or other records of the child with the intellectual disability.
985-888-1170 | Fax: 985-888-1167 Hwy. 21, Suite 118 in Covington Layton Family Pharmacy is locally owned and operated, serving St Tammany Parish area
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Christie Tournet & Associates, LLC, provides estate planning, estate administration and commercial law services. The practice is located at 1795 W. Causeway Approach, Suite 103A in Mandeville. 985-951-2177, tournetlaw.com.