Louisiana 2020 Regular Session

Louisiana Senate Bill SB153

Introduced
2/25/20  
Introduced
2/25/20  
Refer
2/25/20  
Refer
2/25/20  
Refer
3/9/20  
Refer
3/9/20  
Report Pass
5/7/20  
Report Pass
5/7/20  
Engrossed
5/13/20  
Report Pass
5/20/20  
Enrolled
5/28/20  
Chaptered
6/11/20  
Passed
6/11/20  

Caption

Provides relative to continuing tutorship. (8/1/20)

Impact

The passage of SB 153 will impact the legal processes surrounding tutorship in Louisiana state law. By formalizing the process for appointing tutors and co-tutors, the bill aims to increase clarity for families seeking to secure ongoing support for their loved ones with intellectual disabilities. The provisions prohibit costs associated with securing coroner concurrence from falling on the petitioners, alleviating potential financial burdens that families might face when initiating a tutorship.

Summary

Senate Bill 153 seeks to amend and reenact certain Civil Code Articles concerning the process of continuing tutorship, particularly focusing on individuals with intellectual disabilities. The bill introduces procedural guidelines for appointing tutors and co-tutors, ensuring that the tutorship can continue regardless of age until revoked by the court. This legislation is particularly relevant for individuals who, due to their intellectual functioning, require oversight and care through legal guardianship frameworks.

Sentiment

Overall, the sentiment surrounding Senate Bill 153 is predominantly positive, as it reflects a commitment to improving legal frameworks that safeguard the well-being of individuals with intellectual disabilities. Stakeholders have expressed support for creating more structured and equitable processes, thus enhancing family involvement in decisions regarding guardianship. However, some concerns have emerged regarding the implementation of these provisions and their practical effects on accessing needed resources.

Contention

While the general reception of the bill is favorable, discussions about it have highlighted the complexity of assigning tutorship in cases where parents may have differing views or where there is a history of legal complications, such as divorce. The bill allows for judicial discretion in naming co-tutors or guardians based on the best interests of the person with an intellectual disability, which may lead to disputes especially in contentious family situations.

Companion Bills

No companion bills found.

Similar Bills

LA SB61

Provides for full or limited continuing tutorship. (8/1/24)

LA SR31

Requests the Louisiana State Law Institute to study and make recommendations on whether a limited continuing tutorship should be established.

LA HB146

Provides relative to consent with regard to certain medical procedures

LA HCR38

Requests the La. State Bar Association to work with organizations providing legal aid to assist parents and guardians of children with disabilities to obtain permanent tutorships

LA HCR2

Requests the Louisiana State Law Institute to study tutorship and the legal capacity of an emancipated minor

LA HB447

Provides for changes to procedures for continuing tutorships

LA SB62

Provides relative to small tutorship procedures. (gov sig) (EN SEE FISC NOTE LF RV See Note)

LA HB395

Provides relative to tutorship