DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Thompson HB No. 573
Abstract: Changes the criteria of "permanently incapable of taking care of their persons" for the
purposes of forced heirship from having a condition that may render the descendent
incapable to having a condition that will, more probably than not, render him incapable.
Present law provides that forced heirs included descendants of the first degree who are 23 years
of age or younger at the time of the decedent's death and descendants of the first degree of any
age who are permanently incapable of taking care of their persons because of a mental incapacity
or physical infirmity. Present law further defines a descendant who is "permanently incapable of
taking care of their persons or administering their estates at the time of the death of the decedent"
as one who has an inherited, incurable disease or condition that may render them incapable of
caring for their person or administering their estate in the future.
Proposed law retains present law but changes the criteria of permanently incapable from a
condition that may render the descendent incapable to one that will, more probably than not,
render him incapable.
(Amends C.C. Art. 1493(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill.
1. Changed criteria of being permanently incapable from having a condition that has
permanently rendered them incapable of caring for themselves to a condition that will,
more probably than not, render them incapable.