Louisiana 2022 Regular Session

Louisiana House Bill HB58 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 22
2022 Regular Session
HOUSE BILL NO. 58
BY REPRESENTATIVE GREGORY MILLER
1	AN ACT
2 To amend and reenact Code of Civil Procedure Article 4566(D), relative to management of
3 affairs of the interdict; to provide relative to individuals with permanent disabilities;
4 to provide for irrevocable trusts; to provide for termination; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1.  Code of Civil Procedure Article 4566(D) is hereby amended and
8 reenacted to read as follows: 
9 Art. 4566.  Management of affairs of the interdict
10	*          *          *
11	D.(1)  A curator may place the property of the interdict in trust in accordance
12 with the provisions of Article 4269.1.  The trust shall be subject to termination at the
13 option of the interdict upon termination of the interdiction, or if the interdict dies
14 during the interdiction, at the option of his heirs or legatees.
15	(2)  For the purpose of retaining government benefits and upon a showing by
16 clear and convincing evidence that the interdict is permanently disabled and will not
17 recover capacity, the trust shall be irrevocable during the life of the interdict and
18 shall terminate upon the death of the interdict.
19	*          *          *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.