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