Louisiana House Bill HCR2

Louisiana 2017 Regular Session

• Introduced: 2/24/17
• Refer: 2/24/17
• Refer: 4/10/17
• Report Pass: 4/17/17
• Engrossed: 4/24/17
• Refer: 4/25/17
• Report Pass: 5/16/17
• Passed: 5/18/17

Caption

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

Impact

The resolution specifically addresses the implications of the 2009 amendments to civil law regarding tutorship and emancipation, particularly Civil Code Article 359. Prior to these changes, individuals under tutorship were presumed to lack the capacity to act in their own best interests. The conflict highlighted by the appellate court decision concerning the Franques case raises significant concerns about individuals mistakenly granted the ability to manage their affairs without adequate safeguards. HCR2 aims to clarify these ambiguities and ensure appropriate protections are put in place for vulnerable populations.

Summary

House Concurrent Resolution No. 2 (HCR2) seeks to authorize and request the Louisiana State Law Institute to conduct a comprehensive study and make recommendations regarding the legal statutes related to tutorship and emancipation. This initiative arises from the necessity to protect individuals who lack the mental capacity to manage their own estates, especially in light of legislative changes made in 2009 concerning these laws. The bill recognizes a potential legal issue where individuals under continuing tutorship may gain the legal capacity to enter contracts erroneously, posing risks to their well-being.

Sentiment

The overall sentiment surrounding HCR2 appears to be supportive of the need for further investigation into the complexities of tutorship and emancipation laws. Lawmakers express a consensus on the importance of protecting individuals with intellectual disabilities, recognizing the legislative need to address and potentially rectify confusion that could have far-reaching consequences. However, the discussion has also indicated a cautious approach towards legislating these sensitive issues, underlining the importance of a thorough analysis before proceeding with any statutory changes.

Contention

One notable contention point revolves around how best to regulate and establish laws concerning individuals under continuing tutorship. While the resolution seeks to clarify protections for these individuals, there remains an underlying debate on the potential implications of restricting or enabling legal capacity through changes to the tutorship laws. Lawmakers will need to weigh the balance between ensuring protection for those who may not have the capability of managing their affairs and the rights of individuals who, though under tutorship, might have reached an age where they can responsibly handle such responsibilities.