New Orleans Continuing Tutorship Lawyer

CONTINUING TUTORSHIP

Parents of special need children often have unique concerns about their child’s future. Here is an example of a situation that can easily be remedied with the assistance of an estate-planning attorney. Of special note is the fact that there is a window of time when this procedure is available. If parents do not choose to request Continuing Tutorship before the window closes there may be costly and time-consuming results.

Under Louisiana law, when a person turns eighteen years of age, he or she is determined to have the capability to manage their affairs. In some instances a child with special needs, even though considered capable under the law, may not be able to make decisions on their own or act independently. Unfortunately, after a child turns eighteen, he or she becomes legally responsible and the parents/guardians of the child have no legal authority to act on the child’s behalf. In this case, parents may petition the court to continue in their role as decision-maker and legal guardian of their child.

This proceeding is called a Continuing Tutorship or Permanent Tutorship. Upon the Court’s approval, parents are granted the right to continue taking actions for the benefit of their child. The procedure is fairly simple. First, Parents sign a request asking the Court for continuing tutorship. Then, an attorney will submit the request, the concurrence of the coroner and the results of a standardized I.Q. test to the Court. The appointed Judge will review the petition and the supporting documents. Then the Judge will sign Letters, which is the formal term for the documents granting the parents authority to continue acting in the best interests of their child.

Parents may ask the court for a Continuing Tutorship when their child is between the ages of Fifteen (15) and Eighteen (18). If a child turns eighteen, he or she is then considered an adult will the legal capacity to make decisions and act on their own. In this instance, parents of a mentally impaired child would have to file for an Interdiction Proceeding. An Interdiction proceeding requires a formal hearing before a Judge. Expert witnesses are heard and the Judge has the right to question the child. This proceeding can be time-consuming, costly and stressful. It is important for parents with concerns about the decision-making abilities of their special needs child to consult with an attorney about the procedure that fits their particular circumstances. I am a Louisiana estate-planning attorney and can assist you with this process.

Continuing Tutorship is a legal process in which a court decides that your child will not be competent to make decisions after he or she reaches 18 years old, the legal age of majority. Instead another person will have the legal authority to make all business and legal decisions for the child just as if he or she were still under age 18. Without the approval and signature of this court-appointed person, the child cannot do such things as:

· Enter into business contracts of any kind (get a credit card, write checks, etc.)

· Get married

· Rent an apartment or live in a separate home How old should a child be for continuing tutorship?

Your child must be at least 15 but cannot be over 18 at the time of the court decision. Because the legal procedure can take a while, it’ s best to apply before your child’ s 17th birthday.

CONTINUING TUTORSHIP: WHAT PARENTS NEED TO KNOW

Why can’t I just wait until my child turns 18? Why should I apply so early?

Once your child turns 18, you can no longer ask the court for a continuing tutorship. Instead. you will have to ask the court for an interdiction. This is a far more complicated legal process in which the court appoints a lawyer for your child and may make you post a bond. It is much easier, and less expensive to apply for continuing tutorship before the child turns 18.

What else does the court require for a continuing tutorship?

You must establish that your child’ s mental abilities are at a level 2/3 or less than average for children of the same age. The proof will be reports of standardized tests, such as IQ tests, which have been given by licensed psychologists or psychiatrists. You must also have the approval of the coroner in your parish. How can I prove my child’s limited ability? School or medical records probably have the information you need. You should talk to your child’ s doctors or school counselors if you do not have any records yourself.

How long will the continuing tutorship last?

The child will have a tutor until you or an attorney representing your child asks the court to remove the tutorship and presents evidence that the child does not need a tutor any longer.

If I establish continuing tutorship will I be liable for my child’s actions?

Yes, if your child is found at fault in causing an accident or harm to someone, such as in a personal injury suit, the tutor could be liable.

If I establish continuing tutorship will my income or resources affect my child’s SSI benefits after he or she reaches age 18?

No, once a person turns 18, parental income and resources are no longer considered by SSI even if the recipient’ s parents have continuing tutorship.

Who will the court name as the person to make decisions for my child?

The court will usually name the child’ s parents but may select someone else if necessary. The person named to make decisions for the child is called the child’s “tutor”

The attorneys at Sunseri Law Firm, LLC strives to “Make The Complex Understandable”. If you have any questions, contact The Sunseri Law Firm, LLC today to schedule a consultation.