Continuing Tutorship of M. A., A Person with an Intellectual Disability ( 2020 )

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