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