When “Turning 18” Isn’t the Same for Every Child
In Louisiana, when a child turns 18, they become a legal adult — but for parents of children with intellectual disabilities, that milestone can bring new worries. If your child isn’t capable of making financial, medical, or educational decisions independently, a Continuing Tutorship may be the right legal solution.
A Continuing Tutorship in Louisiana allows parents (or other guardians) to continue making important decisions for their child after age 18, while still recognizing the child’s adulthood under Louisiana law.
What Is Continuing Tutorship?
A Continuing Tutorship is a court-ordered legal arrangement under Articles 354–366 of the Louisiana Civil Code. It allows parents or caregivers of a person with an intellectual disability to retain legal authority to act on their behalf, much as they did before the child turned 18.
Unlike interdiction (which fully removes a person’s rights), Continuing Tutorship provides a less restrictive alternative — designed specifically for individuals who function at a level of a child between ages 15 and 18.
Who Qualifies for a Continuing Tutorship?
To qualify, your child must:
- Be at least 15 years old (the process can start before they turn 18).
- Have a documented intellectual disability confirmed by a licensed psychologist or physician.
- Be determined to function below the level of majority (typically between 15–18 years old).
The court will review the evidence and decide whether your child needs continuing tutorship rather than full legal independence.
How Is It Different from Interdiction?
Many parents confuse Continuing Tutorship with Interdiction, but the two are different under Louisiana law:
| Continuing Tutorship | Interdiction |
|---|---|
| For individuals functioning between ages 15–18 | For adults who lack capacity to care for themselves or property |
| Filed before age 18 | Filed any time after age 18 |
| Less restrictive | More restrictive |
| Parents remain “tutors” (not curators) | Court appoints a “curator” and “under-curator” |
| Governed by Louisiana Civil Code Articles 354–366 | Governed by Louisiana Code of Civil Procedure Articles 4541–4560 |
If your child’s needs are moderate and stable, Continuing Tutorship may provide enough authority without removing all legal rights.
The Steps to Establish a Continuing Tutorship
- Consult a Louisiana special needs attorney.
An experienced attorney will help determine whether continuing tutorship or interdiction is appropriate for your situation. - Gather professional documentation.
You’ll need a licensed psychologist’s or physician’s statement confirming your child’s developmental level. - File a petition in the district court.
The attorney prepares and files the petition, along with the affidavits and documentation. - Schedule a hearing.
A judge reviews the evidence and may interview the family before issuing a judgment of tutorship. - Receive the Judgment of Continuing Tutorship.
Once granted, you can use the certified judgment to manage medical, financial, and educational matters for your child.
Why It’s Important
Without continuing tutorship, once your child turns 18, you lose automatic authority to:
- Access medical or school records
- Sign consent forms
- Manage benefits or bank accounts
- Make health care or housing decisions
A Continuing Tutorship ensures you can continue protecting your child’s best interests — legally, ethically, and with compassion.
How Morrison Law Group Can Help
At Morrison Law Group, PLC, we guide Louisiana families through every step of the continuing tutorship process. We help parents understand their options, prepare the necessary documents, and ensure the process is handled smoothly and respectfully.
If your child is nearing age 18 and you have questions about guardianship, interdiction, or continuing tutorship, schedule a consultation with our team today.
📞 Metairie or Covington Office: (504) 831-2348
📍 Serving Families Across the Greater New Orleans Area
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