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

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