Continuing Tutorship of M. A., A Person with an Intellectual Disability

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CONTINUING TUTORSHIP OF NO. 2020 CW 1190
M. A., A PERSON WITH AN
INTELLECTUAL DISABILITY

DECEMBER 30, 2020

In Re: S. A. and S. A., for supervisory writs, 19th
applying
Judicial District Court, Parish of East Baton Rouge,

No. 108472.

BEFORE: WHIPPLE, C. J., GUIDRY, MCDONALD, McCLENDON, WELCH,

HIGGINBOTHAM, THERIOT, HOLDRIDGE, CHUTZ, PENZATO,

LANIER, AND WOLFE, JJ.

WRIT DENIED.

VGW
JMG
JMM

PMC
JEW

MRT

AHP
WIL

Holdridge and Chutz, JJ., concur. The relators, parents of

a child who has reached the age of eighteen, no longer have
parental authority over their child. La. Civ. Code art. 221.

In order for the parents to be able to deprive their child, who

is eighteen, of making her own decisions concerning her person

and property, the same procedures as established for

interdiction must be followed. La. Civ. Code arts. 356, 389,
390; La. Code of Civ. P. art. 4541 et seq.

Higginbotham and Wolfe, JJ., dissent and would grant the

writ. The petition for continuing tutorship was filed prior to

M. A. the age of eighteen. La. Civ. Code art. 355
reaching
provides that the parents may file such a petition when a person
above the age of fifteen meets the requirements stated therein,

time filing the petition. See also
thereby referencing the of

In re Tutorship of Blanque, 97- 249 ( La. App. 5th Cir. 9/ 30/ 97),
700 So. 2d 1077, 1082, n. l, writ denied, 97- 2744 ( La. 1/ 16/ 98),
706 So. 2d 979.

COURT OF APPEAL, FIRS CIRCUIT

DE UTY CLER OF COURT

FOR THE COURT