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BOOK I OF PERSONS

TITLE VIII. OF MINORS, OF THEIR TUTORSHIP AND EMANCIPATION

CHAPTER 1. OF TUTORSHIP

Art. 246. Occasion for tutorship

The minor not emancipated is placed under the authority of a tutor after the dissolution of the marriage of his father and mother or the separation from bed and board of either one of them from the other.

Art. 247. Kinds of tutorships

There are four sorts of tutorships:

Tutorship by nature;

Tutorship by will;

Tutorship by the effect of the law;

Tutorship by the appointment of the judge.

Art. 248. Modes of establishment of tutorships

Tutorship by nature takes place of right, but the natural tutor must qualify for the office as provided by law. In every other kind of tutorship the tutor must be confirmed or appointed by the court, and must qualify for the office as provided by law.

Art. 249. Accountability of tutor

For every sort of tutorship, the tutor is accountable.

SECTION 2. OF TUTORSHIP BY NATURE

Art. 250. Persons entitled to tutorship

Upon the death of either parent, the tutorship of minor children belongs of right to the other. Upon divorce or judicial separation from bed and board of parents, the tutorship of each minor child belongs of right to the parent under whose care he or she has been placed or to whose care he or she has been entrusted; however, if the parents are awarded joint custody of a minor child, then the cotutorship of the minor child shall belong to both parents, with equal authority, privileges, and responsibilities, unless modified by order of the court or by an agreement of the parents, approved by the court awarding joint custody. In the event of the death of a parent to whom joint custody had been awarded, the tutorship of the minor children of the deceased belongs of right to the surviving parent.

All those cases are called tutorship by nature.

Art. 251. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 252. Unborn and posthumous children

If a wife happens to be pregnant at the time of the death of her husband, no tutor shall be appointed to the child till after his birth; but, if it should be necessary, the judge may appoint a curator for the preservation of the rights of the unborn child, and for the administration of the estate which may belong to such child. At the birth of the posthumous child, such curator shall be of right the undertutor.

Art. 253. Repealed by Acts 1974, No. 163, § 2

Arts. 254 to 255. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 256. Illegitimate children

A. The mother is of right the tutrix of her illegitimate child not acknowledged by the father, or acknowledged by him alone without her concurrence.

B. After the death of the mother, if the father had not acknowledged the child prior to the mother's death, the court shall give first consideration to appointment as tutor either of her parents or siblings who survive her and accept the appointment, and secondly, the father, always taking into consideration the best interests of the child.

C. If both parents have acknowledged their illegitimate child, the judge shall appoint as tutor the one by whose care the best interests of the child will be served. However, if the parents are awarded joint custody of such acknowledged illegitimate child, then the cotutorship of such child shall belong of right to both parents, with equal authority, privileges, and responsibilities, unless modified by order of the court or by an agreement of the parents, approved by the court awarding joint custody.

SECTION 3. OF THE TUTORSHIP BY WILL

Art. 257. Surviving parent's right of appointment

The right of appointing a tutor, whether a relation or a stranger, belongs exclusively to the father or mother dying last.

The right of appointing a tutor, whether a relation or a stranger, also belongs to a parent who has been named the curator for the other living spouse, when that other living spouse has been interdicted, subject only to the right of the interdicted parent to claim the tutorship should his incapacity be removed by a judgment of a court of competent jurisdiction.

This is called tutorship by will, because generally it is given by testament; but it may likewise be given by any declaration of the surviving father or mother, or the parent who is the curator of the other spouse, executed before a notary and two witnesses.

Art. 258. Right of appointment where parents are divorced or separated

If the parents are divorced or judicially separated, only the one to whom the court has entrusted the care and custody of the children has a right to appoint a tutor for them as provided in Article 257. However, if the parents have been awarded joint custody of the children, then the right to appoint a tutor for them belongs to the parent dying last, but either parent may appoint a tutor of the property of the children as provided in Article 257. In the event that both parents appoint a tutor of the property of the children, the tutors shall separately administer that portion of the children's property which is attributable to the respective parent's estate. The court shall decide which tutor shall administer that portion of the children's property which is not attributable to either parent's estate.

Art. 259. Option of acceptance of tutorship

The tutor by will is not compelled to accept the tutorship to which he is appointed by the father or mother.

But if he refuses the tutorship he loses in that case all the legacies and other advantages, which the person who appointed him may have made in his favor under a persuasion that he would accept this trust.

Art. 260. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 261. Illegitimate child

The father or mother who is entitled to the tutorship of the illegitimate child, according to the provisions of Article 256, can choose a tutor for him, whose appointment, to be valid, must be approved by the judge.

Art. 262. Appointment of several tutors; order of priority

If the parent who died last has appointed several tutors to the children, the person first mentioned shall be alone charged with the tutorship, and the second shall not be called to it, except in case of the death, absence, refusal, incapacity or displacing of the first, and in like manner as to the other in succession.

SECTION 4. OF THE TUTORSHIP BY THE EFFECT OF THE LAW

Art. 263. Qualified ascendants; collaterals by blood; surviving spouse

When a tutor has not been appointed to the minor by father or mother dying last, or if the tutor thus appointed has not been confirmed or has been excused, then the judge shall appoint to the tutorship, from among the qualified ascendants in the direct line, collaterals by blood within the third degree and the surviving spouse of the minor's mother or father dying last, the person whose appointment is in the best interests of the minor.

Arts. 264 to 269. Repealed by Acts 1976, No. 429, § 2

SECTION 5 - OF DATIVE TUTORSHIP

Art. 270. Occasion for tutorship

When a minor is an orphan, and has no tutor appointed by his father or mother, nor any relations who may claim the tutorship by effect of law, or when the tutor appointed in some of the modes above expressed is liable to be excluded or disqualified, or is excused legally, the judge shall appoint a tutor to the minor.

Art. 271. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 272. [Repealed by Acts 1952, No. 141, Section 2.]

SECTION 6 - OF THE UNDERTUTOR

Art. 273. Necessity for appointment

In every tutorship there shall be an undertutor.

Arts. 274 through 277. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 278. Liability concerning minor's legal mortgage

The undertutor who fails or neglects to cause to be inscribed in the manner required by law, the evidence of the minor's legal mortgage against his tutor, shall be liable for all the damages which the minor may sustain in consequence of such failure or neglect; and this claim for damages shall not be prescribed so long as the minor's right of action exists against his tutor.

Art. 279. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 280. Termination of undertutorship

The duties of the undertutor are at an end of the same time with the tutorship.

SECTION 7 - OF FAMILY MEETINGS

Arts. 281 through 291. [Repealed by Acts 1960, No. 30, Section 2.]

SECTION 8. OF THE CAUSES WHICH DISPENSE OR EXCUSE FROM THE TUTORSHIP

Art. 292. Excuse by reason of office or function

The following persons are dispensed or excused from the tutorship by the privilege of their offices or functions: 1. The Governor and the Secretary of State; 2. The judges of the different courts of this State and the officers of the same; 3. The Mayor of the city of New Orleans; 4. The Collector of the Customs; 5. The officers and soldiers attached to the regular troops, whether on land or sea service, employed and in actual service in this State, and all the officers who are intrusted in this State with any mission from the Government, as long as they are employed; 6. Preceptors and other persons keeping public schools, as long as they remain in the useful and actual exercise of their profession; 7. Ministers of the gospel.

Art. 293. Waiver of excuse by subsequent acceptance of tutorship

The persons mentioned in the preceding article, who have accepted a tutorship posterior to their being invested with the offices, engaged in the service, or intrusted with the mission which dispenses from it, shall not be admitted to be excused on that account.

Art. 294. Subsequently acquired excuse

Those, on the contrary, who shall have been invested with offices, who shall have engaged in the service, or shall have been intrusted with commissions, posterior to their acceptation and administration of a tutorship, may, if they do not choose to continue to act as tutor, be excused from the tutorship, and apply for the appointment of another tutor to supply their place.

Art. 295. Excuse for remote relationship

No person, who is not a relation of the minor by consanguinity, or who is only related to him beyond the fourth degree, can be compelled to accept the tutorship.

Art. 296. Excuse for age

Every person who has attained the age of sixty- five years, may refuse to be a tutor.

The person who shall have been appointed prior to that age, may be excused from the tutorship at the age of seventy years.

Art. 297. Excuse for infirmity

Every person affected with a serious infirmity, may be excused from the tutorship, if this infirmity be of such nature as to render him incapable of transacting his own business.

He may even be discharged from the tutorship, if such infirmity has befallen him after his appointment.

Art. 298. Excuse for prior tutorships

The person who is appointed to two tutorships has a legal excuse for not accepting a third.

A parent who has been appointed to one tutorship shall not be compelled to accept a second tutorship, except it be that of his own children.

Art. 299. Time to present excuse

The tutor, who has excuses to offer against his appointment, must propose them to the judge who has appointed him, within ten days after he has been acquainted with his appointment, or after the same shall have been notified to him, which period shall be increased one day for every ten miles distance from his residence to the place where his appointment was made, and after this delay he shall no longer be admitted to offer any excuse, unless he has sufficient reason to account for such delay.

Art. 300. Provisional administration pending consideration of excuse

During the time of the pendency of the litigation relative to the validity of his excuses, the tutor who is appointed shall be bound provisionally to administer as such, until he shall have been regularly discharged.

Art. 301. Parent's unconditional obligation of tutorship

The causes herein expressed, or any other, cannot excuse a parent from the obligation of accepting the tutorship of his children.

SECTION 9 - OF THE INCAPACITY FOR, THE EXCLUSION FROM, AND DEPRIVATION OF THE TUTORSHIP

Arts. 302 through 306. [Repealed by Acts 1960, No. 30, Section 2.]

SECTION 10. OF THE APPOINTMENT, RECOGNITION, OR CONFIRMATION OF TUTORS, OF THE PERSONS WHOSE DUTY IT IS TO CAUSE TUTORS TO BE APPOINTED AND OF THE LIABILITY OF SUCH PERSONS

Art. 307. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 308. Duty to apply for appointment

In every case where it is necessary to appoint a tutor to a minor, all those of his relations who reside within the parish of the judge, who is to appoint him, are bound to apply to such judge, in order that a tutor be appointed to the minor at farthest within ten days after the event which make [makes] such appointment necessary.

Art. 309. Minors exempt from taking application

Minor relations are not included in the provisions contained in the preceding article.

Art. 310. Liability for failure to make application

Relations who have neglected to cause a tutor to be appointed, are responsible for the damages which the minor may have suffered.

This responsibility is enforced against relations in the order according to which they are called to the inheritance of the minor, so that they are responsible only in case of the insolvency of him or them who precede them in that order, and this responsibility is not in solidum between relations who have a right to the inheritance in the same degree.

Art. 311. Action for damages; prescription

The action which results from this responsibility can not be maintained by the tutor but within the year of his appointment.

If the tutor neglects to bring his action within that time, he is answerable for such neglect to the minor.

Arts. 312 through 321. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 322. Minor's legal mortgage on tutor's property

The recording of the certificate of the clerk operates as a legal mortgage in favor of the minor for the amount therein stated, on all the immovable property of the natural tutor in the parish.

Arts. 323 through 332. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 333. Sale of mortgaged property by one claimant; inscription of legal mortgage of remaining minors

Whenever a special mortgage is given by a tutor to secure the rights of two or more minors, any of the minors, on attaining the age of majority or being emancipated, may cause the sale of the mortgaged property to satisfy the indebtedness of the tutor to him, after having discussed the other property of the debtor, in the following manner: If the judge is of the opinion that the mortgaged property is sufficient to satisfy all of the demands of the major and minors, he shall order the sale of so much of the property as will satisfy the demand of the major, if susceptible of division, and the property so sold shall be free of the mortgage in favor of the remaining minors.

If the judge is of the opinion that the mortgaged property is not sufficient to meet the demands of the major and minors, or that it is not susceptible of division, he shall order the sale of the whole of the mortgaged property, and the release of the mortgage of the major and minors. The proceeds of the sale, after defraying the expenses thereof, shall be divided equally among the major and minors, giving each his virile share. The portion to be paid the minors shall be paid to their tutor.

When the judge orders the sale of the property, he shall order the inscription of the minor's legal mortgage in the manner heretofore provided. This inscription shall be made in the parish where the tutor resides within three days of the order, and in all other parishes where the tutor has immovable property within thirty days of the order.

Art. 334. Repealed by Acts 1960, No. 30, § 2, eff. Jan. 1, 1961

Art. 335. [Repealed by Acts 1960, No. 30, Section 2.]

SECTION 11 - OF THE ADMINISTRATION OF THE TUTOR

Art. 336. Alienation of minor's immovables

The prohibition of alienating the immovables of a minor, does not extend to the case in which a judgment is to be executed against him, or of a licitation made at the instance of the coheir, or other coproprietor.

Art. 337. Minor heir's acceptance of succession

It shall not be necessary for minor heirs to make any formal acceptance of a succession that may fall to them, but such acceptance shall be considered as made for them with benefit of inventory by operation of law, and shall in all respects have the force and effect of a formal acceptance.

Art. 338. Interest

The sum which appears to be due by the tutor as the balance of his accounts, bears interest, without a judicial demand, from the day on which the accounts were closed.

The same rule applies to the balance due to the tutor.

Art. 339. Agreements between tutor and minor

Every agreement which may take place between the tutor and the minor arrived at the age of majority, shall be null and void, unless the same was entered into after the rendering of a full account and delivery of the vouchers, the whole being made to appear by the receipt of the person to whom the account was rendered, ten days previous to the agreement.

Art. 340. Prescription of minor's action against tutor

The action of the minor against his tutor, respecting the acts of the tutorship, is prescribed by four years, to begin from the day of his majority.

Arts. 341 through 344. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 345. [Reenacted by Acts 1966, No. 496, Section 1, as Art. 336.]

Arts. 346 through 351. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 352. [Reenacted by Acts 1966, No. 496, Section 1, as Art. 337.]

Art. 353. [Repealed by Acts 1960, No. 30, Section 2.]

SECTION 12. OF CONTINUING OR PERMANENT TUTORSHIP OF MENTALLY RETARDED PERSONS

Art. 354. Procedure for placing under tutorship

Mentally retarded or deficient children may be placed under continuing or permanent tutorship without formal or complete interdiction in accordance with the following rules and the procedures stated in the Louisiana Code of Civil Procedure.

Art. 355. Petition for continuing or permanent tutorship

When a person above the age of fifteen possesses less than two-thirds of the average mental ability of a normal person of the same age, evidenced by standard testing procedures administered by competent persons, the parents of such person, or the person entitled to custody or tutorship if one or both parents be dead, incapacitated, or an absent person, or if the parents be judicially separated or divorced, may, with the concurrence of the coroner of the parish of the mentally deficient person's domicile, petition the court of that district to place such person under a continuing tutorship which shall not automatically end at any age but shall continue until revoked by the court of domicile.

Art. 356. Title of proceedings; procedural rules; parents as tutor and undertutor

The title of the proceedings shall be Continuing Tutorship of (Name of Person), A Mentally Retarded Person.

1. When the person to be placed under the continuing tutorship is above the age of fifteen, and under the age of majority, the proceeding shall be conducted according to the procedural rules established for ordinary tutorships; 2. When the person to be placed under the continuing tutorship is above the age of majority, the proceeding shall be conducted according to the procedural rules established for interdictions; 3. Upon the petition of both parents of the mentally deficient person during their marriage one parent shall be named as tutor and the other as undertutor, unless for good reasons the judge decrees otherwise.

Art. 357. Decree, place of recording, notice

If the prayer for continuing or permanent tutorship be granted, the decree shall be recorded in the conveyance and mortgage records of the parish of the minor's domicile, and of any future domicile, and in such other parishes as may be deemed expedient. The decree shall not be effective as to persons without notice thereof outside of the parishes in which it is recorded.

Art. 358. Authority, privileges, and duties of tutor and undertutor; termination of tutorship

The granting of the decree shall confer upon the tutor and undertutor the same authority, privileges, and responsibilities as in other tutorships, including the same authority to give consent for any medical treatment or procedure, to give consent for any educational plan or procedure, and to obtain medical, educational, or other records, but the responsibility of the tutor for the offenses or quasi-offenses of the retarded person shall be the same as that of a curator for those of the interdicted person and the tutorship shall not terminate until the decree is set aside by the court of the domicile, or the court of last domicile if the domicile of the mentally retarded person is removed from the State of Louisiana.

Art. 359. Restriction on legal capacity

The decree if granted shall restrict the legal capacity of the mentally retarded person to that of a permanent minor, except that after the age of eighteen the retarded person, unless formally interdicted, shall have the legal capacity of a minor who has been granted the emancipation conferring the power of administration as set forth in Chapter 2, Section 2 of this book and title.

Art. 360. Parents' rights of administration

In addition to the rights of tutorship, the parents shall retain, during the marriage and for the minority of the retarded child, all rights of administration granted to parents of normal children during their minority.

Art. 361. Contest of decree restricting legal capacity

The decree restricting his legal capacity may be contested in the court of domicile by the person himself or by anyone adversely affected by the decree, and upon evidence which would justify the full emancipation of a minor above the age of eighteen the decree shall be rescinded and set aside.

Art. 362. Persons subject to interdiction

Persons subject to mental or physical illness or disability, whether of a temporary or permanent nature, of such a degree as to render them subject to interdiction, under the provisions of Title IX hereof, remain subject to interdiction as provided in Articles 389 to 426, inclusive, and such other laws as may relate thereto.

SECTION 12 - Of Tutors or Guardians of Minors Residing out of the State

Arts. 363 to 364. [Repealed by Acts 1960, No. 30, Section 2.]

CHAPTER 2. OF EMANCIPATION

SECTION 1 - GENERAL DISPOSITIONS

Art. 365. Kinds of emancipation

There are three kinds of emancipation:

1. Emancipation conferring the power of administration.

2. Emancipation by marriage.

3. Emancipation relieving the minor from the time prescribed by law for attaining the age of majority.

SECTION 2. OF EMANCIPATION CONFERRING THE POWER OF ADMINISTRATION

Art. 366. Emancipation by notarial act

The minor, although not married, may be emancipated by his father or, upon the death of the father, by his mother or, in the event of divorce or separation from bed and board, by the natural tutor or cotutors acting jointly, when he shall have arrived at the full age of fifteen years.

This emancipation takes place by the declaration to that effect of the father, the mother, or both, before a notary public in the presence of two witnesses.

Art. 367. [Repealed by Acts 1972, No. 346, Section 4.]

Art. 368. Emancipation by reason of ill treatment

The minor may be emancipated against the will of his father and mother, when they ill treat him excessively, refuse him support, or give him corrupt examples.

Art. 369. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 370. Emancipated minor's powers of administration

The minor who is emancipated has the full administration of his estate, and may pass all acts which are confined to such administration, grant leases, receive his revenues and moneys which may be due to him, and give receipts for the same.

Art. 371. Limitation on contractual capacity

He can not bind himself legally by promise or obligation for any sum exceeding the amount of one year of his revenue.

Art. 372. Limitations on contractual liability; lesion

The minor who is emancipated has no right to claim a restitution on the plea of simple lesion against acts of simple administration.

He has no right either to claim a restitution for simple lesion against obligations or promises which do not exceed the amount of one year of his revenue.

If, however, he has contracted in the same year, towards one or more creditors, several obligations, each of which does not exceed the amount of one year of his revenue, but which together exceed that amount, these obligations may be reduced according to the discretion of the judge, whose duty it shall be in such case, to take into consideration the estate of the minor, the probity or dishonesty of the persons who have dealt with him, and the utility and inutility of the expenses.

Art. 373. Limitation on power of alienation; authority of tutor, undertutor or administrator

The emancipated minor who has only the power of administration of his estate cannot alienate, affect or mortgage any of his immovable property without the authorization of the court, on the recommendation of his tutor or of the administrator of his estate, as the case may be, in accordance with the applicable provisions of the Code of Civil Procedure. The authority of the tutor and undertutor, or of the administrator of his estate, of such a minor continues for these purposes after his emancipation until the minor reaches the age of eighteen years.

Art. 374. Limitation on right to make donations

The emancipated minor has no right to dispose of his movables or immovables by donation inter vivos unless it be by marriage contract in favor of the person to whom he is to be married.

Art. 375. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 376. General capacity concerning trade

The emancipated minor who is engaged in trade, is considered as having arrived at the age of majority, for all the acts which have any relation to such trade.

Art. 377. Causes for revocation of emancipation

The emancipation, whatever be the manner in which it may have been effected, may be revoked, whenever the minor contracts engagements which exceed the limits prescribed by law.

Art. 378. Effect of revocation

The revocation of emancipation places the minor under the same authority to which he was subject previous to his being emancipated.

But if he has been emancipated against the will of his father and mother, for excessive ill treatment, refusal to support him, or corrupt examples given him, another tutor shall be appointed in the manner provided by law.

SECTION 3. OF EMANCIPATION BY MARRIAGE

Art. 379. Emancipation by marriage

The minor, whether male or female, is emancipated of right by marriage.

Art. 380. Right to appear in court

The minor, emancipated by marriage, can appear in courts of justice without the assistance of a curator.

Art. 381. Accounting of former tutor

The minor, emancipated by marriage, may demand an account from his tutor and a settlement of the tutorship. The tutor is bound to pay him the balance ascertained to be due, and to deliver the property in his hands belonging to such minor.

Art. 382. Special effects of emancipation by marriage

A married minor below the age of sixteen years has the power of administration of his estate; but he cannot alienate, affect, or mortgage any of his immovable property without the authorization of the court, as provided in Article 373. The authority of the tutor or undertutor, or of the administrator of his estate, of such a minor continues for these purposes after the minor's marriage until the minor reaches the age of sixteen years.

Art. 383. Irrevocability of emancipation by marriage

This emancipation can not be revoked.

Art. 384. General rules

In other respects, minors emancipated by marriage are bound by the rules laid down in the preceding section.

SECTION 4. OF EMANCIPATION RELIEVING THE MINOR FROM THE TIME PRESCRIBED BY LAW FOR ATTAINING THE AGE OF MAJORITY

Art. 385. Emancipation of minor sixteen years or older

A minor sixteen years of age or older may be judicially emancipated and relieved of the disabilities which attach to minority as provided in Article 3991 through 3994 of the Louisiana Code of Civil Procedure.

Arts. 386 through 388. [Repealed by Acts 1960, No. 30, Section 2.]

TITLE IX. OF PERSONS INCAPABLE OF ADMINISTERING THEIR ESTATES, WHETHER ON ACCOUNT OF INSANITY OR SOME OTHER INFIRMITY, AND OF THEIR INTERDICTION AND CURATORSHIP

Art. 389. Interdiction for mental incapacity

No person above the age of majority, who is subject to an habitual state of imbecility, insanity or madness, shall be allowed to take care of his own person and administer his estate, although such person shall, at times, appear to have the possession of his reason.

Art. 389.1. Limited curator; judgment of limited interdiction; rights of limited interdict

When a person is declared incapable by reason of mental retardation, mental disability, or other infirmity under the provisions of Articles 389 or 422 of the Louisiana Civil Code, of caring for his own person or of administering his estate, a court of competent jurisdiction may appoint a limited curator to such person or his estate. Pending appointment of a limited curator, the court shall inquire into the specific abilities and disabilities of the incapacitated person and such limited curator shall have only those powers necessary to provide for the demonstrated needs of the incapacitated person. The powers, duties, responsibilities, and any liabilities of the limited curator shall be specifically set forth in a judgment of limited interdiction.

The rights of the limited interdict shall be infringed in the least restrictive manner consistent with his incapacities. A judgment of limited interdiction shall not operate to deprive the incapacitated person of any civil right, the right to contract, or any right pertaining to any license, permit, privilege, or benefit unless specifically set forth in the judgment.

Art. 390. Petition for interdiction by relations

Every relation has a right to petition for the interdiction of a relation; and so has every husband a right to petition for the interdiction of his wife, and every wife of her husband.

Art. 391. Petition for interdiction in absence of relations

If the person who should be interdicted has no relations and is not married, or if his relations or consort do not act, the interdiction may be solicited by any stranger, or pronounced ex-officio by the judge, after having heard the counsel of the person whose interdiction is prayed for, whom it shall be the duty of the judge to name, if one be not already named by the party.

If the person sought to be interdicted, although domiciled in this State, shall be confined, because of his disease, in a public or private institution without this State, then the Court on proper application may appoint an attorney at law to represent him, and on whom all service may be made; with respect to a person interdicted while so confined without the State, the provisions of Articles 423, 424 and 425 shall be inoperative during the period of such confinement.

Art. 392. Venue for interdiction

Every interdiction shall be pronounced by the competent judge of the domicile or residence of the person to be interdicted.

Art. 393. Proof of mental incapacity

The acts of imbecility, insanity or madness must be proved to the satisfaction of the judge, that he may be enabled to pronounce the interdiction, and this proof may be established as well by written as by parol evidence; and the judge may, moreover, interrogate, or cause to be interrogated by any other person commissioned by him for that purpose, the person whose interdiction is petitioned for, or cause such person to be examined by physicians or other skillful persons, in order to obtain their report, upon oath, on the real situation of him who is stated to be of unsound mind.

Art. 394. Provisional administrator pending interdiction

Pending the issue of the petition for interdiction, the judge may, if he deems it proper, appoint for the preservation of the movables and for the administration of the immovable estate of the defendant, an administrator pro tempore.

Art. 395. [Repealed by Acts 1961, No. 23, Section 3.]

Art. 396. Hearing of additional evidence on appeal

In case of appeal, the appellate court may, if it is deemed necessary, proceed to the hearing of new proofs, and question, or cause to be questioned, as above provided, the person whose interdiction is petitioned for, in order to ascertain the state of his mind.

Art. 397. Costs of interdiction proceedings

On every petition for interdiction, the costs shall be paid out of the estate of the defendant, if he shall be interdicted, and by the petitioner, if the interdiction prayed for shall not be pronounced.

Art. 398. [Repealed by Acts 1962, No. 70.]

Art. 399. Allegations necessary for a second suit

No petition for interdiction, if the same shall have once been rejected, shall be acted upon again; unless new facts, happening posterior to the sentence, shall be alleged.

Art. 400. Effective date of interdiction

The interdiction takes place from the day of presenting the petition for the same.

Art. 401. Nullity of interdict's acts during suit

All acts done by the persons interdicted from the date of filing the petition for interdiction, until the day when the same is pronounced, are null.

Art. 402. Validity of acts before suit; notorious insanity

No act anterior to the petition for the interdiction shall be annulled, except where it shall be proved that the cause of such interdiction notoriously existed at the time when the acts, the validity of which is contested, were made or done, or that the party who contracted, with the interdicted person, could not have been deceived as to the situation of his mind.

Notoriously, in this article, means that the cause of interdiction was generally known by the persons who saw and conversed with the party.

Art. 403. Contesting validity of acts after death

After the death of a person, the validity of acts done by him can not be contested for cause of insanity, unless his interdiction was pronounced or petitioned for previous to the death of such person, except in cases in which the mental alienation manifested itself within ten days previous to the decease, or in which the proof of the want of reason results from the act itself which is contested.

Art. 404. Appointment of curator

Within a month, to reckon from the date of the judgment of interdiction, if there has been no appeal from the same, or if there has been an appeal, then within a month from the confirmative sentence, it shall be the duty of the competent judge of the domicile or residence of the person interdicted to appoint a curator to his person and estate.

Art. 405. Method of appointment; account of provisional administrator

This appointment is made according to the same forms as the appointment to the tutorship of minors.

After the appointment of the curator to the person interdicted, the duties of the administrator pro tempore, if he shall not have been appointed curator, are at an end; and he shall give an account of his administration to the curator.

Art. 406. Appointment of undercurator

In every curatorship to an interdicted person, there shall be an undercurator, whom it shall be the duty of the judge to appoint, at the same time the letters of curatorship are certified for the curator.

Art. 407. Duties of undercurator when interests of curator and interdict opposed

It shall be the duty of the undercurator to act for the interdicted person, whenever the interest of the interdicted person is in opposition to the interest of the curator.

Art. 408. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 409. Duty of undercurator on vacancy in curatorship

The curatorship shall not devolve upon the undercurator when the same shall become vacant; but when it shall become necessary to appoint another curator, it shall be the duty of the undercurator to cause such an appointment to be made.

Art. 410. Other duties of undercurator

Undercurators shall perform all the duties required of undertutors, and shall be subject to the same responsibilities.

Art. 411. Termination of undercuratorship

The duties of the undercurator shall be at an end at the same time with the curatorship.

Arts. 412 to 413. [Repealed by Acts 1964, No. 48, Section 2.]

Art. 414. Release from curatorship after ten years

No one, except the husband with respect to his wife, or the wife with respect to her husband, the relations in the ascending line with respect to the relations in the descending line, and vice versa the relations in the descending line with respect to the relations in the ascending line, can be compelled to act as curator to a person interdicted more than ten years, after which time the curator may petition for his discharge.

Art. 415. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 416. Repealed by Acts 1979, No. 709, § 2, eff. Jan. 1, 1980

Art. 417. Custody of interdict

According to the symptoms of the disease, under which the person interdicted labors, and according to the amount of his estate, the judge may order that the interdicted person be attended in his own house, or that he be placed in a bettering house, or indeed if he be so deranged as to be dangerous, he may order him to be confined in safe custody.

Art. 418. Use of interdict's income

The income of the person interdicted shall be employed in mitigating his sufferings, and in accelerating his cure, under the penalty against the curator of being removed in case of neglect.

Art. 419. Liability for unsuccessful petition for interdiction

He who petitions for the interdiction of any person, and fails in obtaining such interdiction, may be prosecuted for and sentenced to pay damages, if he shall have acted from motives of interest or passion.

Art. 420. Termination of interdiction by judicial repeal

Interdiction ends with the causes which gave rise to it. Nevertheless the person interdicted can not resume the exercise of his rights, until after the definitive judgment by which the repeal of the interdiction is pronounced.

Art. 421. Revocation of interdiction

Interdiction can only be revoked by the same solemnities which were observed in pronouncing it.

Art. 422. Interdiction for physical infirmity

Not only lunatics and idiots are liable to be interdicted, but likewise all persons who, owing to any infirmity, are incapable of taking care of their persons and administering their estates.

Such persons shall be placed under the care of a curator, who shall be appointed and shall administer in conformity with the rules contained in the present chapter.

Art. 423. Removal of interdict from state

The person interdicted can not be taken out of the State without a judicial order, given on the recommendation of a family meeting, and on the opinion delivered under oath of at least two physicians, that they believe the departure necessary to the health of the person interdicted.

Art. 424. Personal superintendent of interdict; reports to court

There shall be appointed by the judge a superintendent to the person interdicted, whose duty it shall be to inform the judge, at least once in three months, of the state of the health of the person interdicted, and of the manner in which he is treated.

To this end, the superintendent shall have free access to the person interdicted, whenever he wishes to see him.

Art. 425. Judge's visits to interdict

It is the duty of the judge to visit the person interdicted, whenever from the information he receives, he shall deem it expedient.

This visit shall be made at times when the curator is not present.

Art. 426. Profligacy or prodigality not grounds for interdiction

Interdicting is not allowed on account of profligacy or prodigality.