Louisiana 2014 Regular Session

Louisiana Senate Bill SB269

Introduced
3/10/14  
Introduced
3/10/14  
Refer
3/10/14  
Refer
3/10/14  
Report Pass
3/18/14  
Report Pass
3/18/14  
Engrossed
3/25/14  
Refer
3/26/14  
Refer
3/26/14  
Report Pass
4/28/14  
Report Pass
4/28/14  
Enrolled
6/2/14  
Enrolled
6/2/14  
Chaptered
6/19/14  
Chaptered
6/19/14  
Passed
6/19/14  

Caption

Provides relative to the annual limit on authorized donations that a curator may make on behalf of an interdict. (8/1/14) (EN NO IMPACT GF RV See Note)

Impact

The enactment of SB 269 revises existing statutes to clarify the maximum value of monetary gifts that can be given by curators from the interdict's estate without compromising their financial stability. By changing the threshold from fifty thousand to sixty-five thousand dollars multiplied by years of life expectancy, the bill aims to strike a balance between providing for the interdict's beneficiaries and protecting their essential financial resources. This measure has the potential to positively impact families dealing with guardianship issues by facilitating more generous support to descendants.

Summary

Senate Bill No. 269, authored by Senator Peacock, amends the laws governing the ability of curators to make donations on behalf of individuals under legal guardianship (interdicts). The bill specifically addresses the annual limit on such donations, allowing curators to use surplus funds to make inter vivos donations to the interdict's direct descendants. It establishes that these donations should not exceed a maximum value aligned with federal gift tax exemptions, thereby updating financial thresholds for generosity while ensuring the interdict's future financial needs are not jeopardized.

Sentiment

The general sentiment surrounding SB 269 appears to be supportive, particularly among those involved in the guardianship and estate planning sectors. Advocates argue that the bill offers necessary flexibility and encouragement for curators to provide meaningful assistance without excessive legal limits. However, there could be concerns regarding the oversight of such financial decisions and ensuring that curators act in the best interest of the interdict while managing their estates responsibly.

Contention

While there is overall support for the bill, some points of contention may arise regarding the implications of increased donation limits. Critics may argue that the proposal could potentially embolden financial irresponsibility if curators do not adequately consider the future needs of the interdict before making large gifts. Additionally, ensuring equal treatment among descendants, as stipulated in the bill, could lead to disputes if perceived unequal distributions occur. As such, judicial oversight remains a critical aspect of the bill's implementation.

Companion Bills

No companion bills found.

Previously Filed As

LA HB255

Provides relative to interdiction and curatorship

LA HB1114

Provides relative to successions and donations (EG NO IMPACT See Note)

LA SB81

Provides for curatorship. (8/1/17)

LA HB269

Provides with respect to successions and donations

LA SB656

Authorizes public or private entities to make certain donations to various participating schools for recipients of student scholarship programs. (7/1/14) (EN DECREASE GF EX See Note)

LA SB58

Changes the Louisiana Chapter of the National Multiple Sclerosis Society to the National Multiple Sclerosis Society as an entity to which donations may be made on individual tax returns. (8/1/14) (EN NO IMPACT GF RV See Note)

LA SB302

Provides relative to medical consent and certain immunities. (8/1/14) (EN NO IMPACT See Note)

LA SB164

Provides relative to discrimination. (8/1/14) (OR NO IMPACT See Note)

LA HB449

Provides relative to delivery of judgment of interdiction

LA HB0437

Interdicted Person Amendments

Similar Bills

LA HB449

Provides relative to delivery of judgment of interdiction

LA HB146

Provides relative to consent with regard to certain medical procedures

LA HB58

Provides relative to irrevocable trusts for individuals interdicted

LA HB350

Prohibits certain persons from preventing or limiting communication, visitation, or interaction with others

CA AB2064

Community Violence Interdiction Grant Program.

CA AB785

Community Violence Interdiction Grant Program.

LA SB62

Provides relative to the management of the affairs of an interdict. (8/1/21)

LA HB574

Provides for the inclusion of certain information in a judgment of interdiction