2020CW1191 Nonprecedential Writ denied Processed

Continuing Tutorship of T.R.B., A Person with an Intellectual Disability

Louisiana Court of Appeal, First Circuit · Filed December 30, 2020

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Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

CONTINUING TUTORSHIP OF NO. 2020 CW 1191
T. R. B., A PERSON WITH AN
INTELLECTUAL DISABILITY

DECEMBER 30, 2020

In Re: U. M. B. and B. P. B., for
applying supervisory writs,
19th Judicial District Court, Parish East
of Baton
Rouge, No. 108473.

BEFORE: McCLENDON, HIGGINBOTHAM, THERIOT, PENZATO, AND WOLFE, JJ.

WRIT DENIED.

PMC
MRT
AHP

Higginbotham and Wolfe, JJ., dissent and would grant the
writ. The petition for
continuing tutorship was filed prior to
T. R. B. reaching the age of eighteen. La. Civ. Code art. 355
provides
that the parents may file such a petition when a person
above the age of fifteen meets the requirements stated therein,
thereby referencing the time of filing the petition. See also
In re Tutorship of Blanque, 97- 249 ( La. App. 5th Cir. 9/ 30/ 97),
700 So. 2d 1077, 1082, n. 1, writ denied, 97- 2744 ( La. 1/ 16/ 98),
706 So. 2d 979.

COURT OF APPEAL, FIRST CTRCUIT

EPUTY CLARK ' UF COURT
FOR THE COURT