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)]
HB 395 Engrossed 2018 Regular Session Foil
Abstract: Provides for restrictions on legal capacity for persons with intellectual disabilities.
Present law (C.C. Art. 355) requires the concurrence of the coroner for the filing of a petition for
continuing tutorship.
Proposed law retains present law but requires the coroner's concurrence to be written.
Present law (C.C. Art. 359) provides for restrictions on legal capacity and exceptions to those
restrictions.
Proposed law retains present law but eliminates the exception stating that a person with intellectual
disabilities over the age of eighteen has the legal capacity of minor operating under emancipation
conferring the power of administration.
Present law (C.C. Art. 361) provides that a decree restricting legal capacity may be contested in court
and provides for the standard of proof.
Proposed law retains present law but replaces the standard of proof with good cause.
(Amends C.C. Arts. 355, 359 and 361)