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

Louisiana Court of Appeal

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

Louisiana Court of Appeal·Decided December 30, 2020·No. 2020CW1191·Unknown

Opinion

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

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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

Continuing Tutorship of T.R.B., A Person with an Intellectual Disability, (La. Ct. App. 2020).

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