2023 Regular Session ENROLLED
SENATE RESOLUTION NO. 31
BY SENATOR FOIL
A RESOLUTION
To urge and request the Louisiana State Law Institute to study and make recommendations
to the legislature on whether a limited continuing tutorship should be established.
WHEREAS, Civil Code Art. 355 provides that "when a person above the age of
fifteen possesses less than two-thirds of the intellectual functioning of a person of the same
age with average intellectual functioning, evidenced by standard testing procedures
administered by competent persons or other relevant evidence acceptable to the court, the
parents of such person, or the person entitled to custody or tutorship may, with the written
concurrence of the coroner of the parish of the intellectually disabled person's domicile,
petition the court of that district to place such person under a continuing tutorship which
shall not automatically end at any age but shall continue until revoked by the court of
domicile"; and
WHEREAS, Civil Code Art. 356(2) provides that "when the person to be placed
under the continuing tutorship is above the age of majority, the proceeding shall be
conducted according to the procedural rules established for interdictions"; and
WHEREAS, Civil Code Art. 389 allows a court to order the full interdiction of a
natural person of the age of majority, or an emancipated minor, who due to an infirmity, is
unable to consistently make reasoned decisions regarding the care of his person and
property, or to communicate those decisions, and whose interests cannot be protected by less
restrictive means; and
WHEREAS, Civil Code Art. 390 authorizes the limited interdiction of a natural
person of the age of majority, or an emancipated minor, who due to an infirmity is unable
consistently to make reasoned decisions regarding the care of his person or property, or any
aspect of either, or to communicate those decisions, and whose interests cannot be protected
by less restrictive means; and
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WHEREAS, a limited continuing tutorship may be seen as a mixture of a tutorship
and an interdiction, which unlike a regular tutorship, the continuing tutorship does not end
when the person reaches the age of eighteen; and
WHEREAS, additionally, a limited continuing tutorship may be viewed the same as
a tutorship and a full interdiction, wherein the person under a continuing tutorship loses most
of his rights and the person appointed as the tutor is responsible for the person just as if he
were a minor; and
WHEREAS, a continuing tutorship would authorize the tutor to make certain
decisions on behalf of the individual; and
WHEREAS, there is no provision of law that addresses a limited continuing
tutorship, which allows a person to marry, enter into contracts and obligations, make medical
decisions, or participate in the electoral process; and
WHEREAS, it is important to consider that while an adult may be under a continuing
tutorship he may also be capable of independently making certain decisions regarding his
personal life; and
WHEREAS, in an effort to provide for consistency, a review of the laws, rules,
regulations, policies, and procedures related to a limited continuing tutorship and an
interdiction should be considered.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request the Louisiana State Law Institute to study and make
recommendations to the legislature on whether a limited continuing tutorship should be
established.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute and that the Louisiana State Law Institute report
its findings and recommendations to the legislature on or before March 1, 2024.
PRESIDENT OF THE SENATE
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