Revocación de Poder para Cuidado de Menor o Custodia Provisional por Mandato
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE LOUISIANA REVISED STATUTES
REVOCATION OF PROVISIONAL CUSTODY (of Children) BY MANDATE
(§§ 9:951 through 9:954)
Parents acting jointly or, in the event of divorce or separation
from bed and board or illegitimacy, the natural tutor, tutrix, or cotutors
acting jointly, may authorize any person of legal age to provide for the
care, custody, and control of a minor child.
Any person who could qualify as a natural tutor, tutrix, or cotutor
pursuant to Section 2 of Chapter 1 of Title VIII of Book I of the Louisiana
Civil Code may confer provisional custody by mandate of a child lawfully
within his care, custody, and control, although he has not judicially qualified
for the office of natural tutor, tutrix, or cotutor.
A mandate of provisional custody is effective for the duration of
time provided in the mandate, but it may not exceed one year from date
of execution.
Regardless of the duration provided in the mandate, provisional
custody terminates:
When revoked by either parent, by a natural tutor or tutrix, or by
either natural cotutor.
When the agent resigns or otherwise, renounces the mandate.
Fifteen days after the death of either parent, natural tutor or tutrix,
or natural cotutor.
Upon the qualification of a court appointed tutor or provisional tutor.
In addition to the general functions, powers, and duties accorded to
tutors pursuant to Chapter 8 of Title VI of Book VII of the Code of Civil
Procedure, except those that require court approval, a mandate of child
custody may provide for the health, education, and welfare of the child,
which, if so indicated, may include the following:
Consenting to and authorizing such medical care, treatment, or surgery
as may be deemed necessary for the health, safety, and welfare of the child.
Enrolling the child in such schools or educational institutions as
may be deemed necessary for his due and proper education.
Disciplining the child in such reasonable manner as may be necessary
for his proper rearing, supervision, and training.
Doing and performing all other such acts as may be necessary for the
shelter, support, and general welfare of the child.
The statutory form is a suggested form which may be used by a parent,
natural tutor, tutrix, or cotutors acting jointly to confer the power of
provisional custody for the care, custody, and control of a named minor
child.
Note: All Information and Previews are subject to the Disclaimer
located on the main forms page, and also linked at the bottom of all search
results.
