Louisiana Continuing Tutorship Attorneys Protecting the Rights of Vulnerable Adults

When a child with special needs reaches the age of 18, they are legally considered an adult, but they may not have the mental capacity to make decisions regarding their health, finances, and personal care. In such cases, continuing tutorship allows parents or guardians to extend their legal authority beyond the child’s 18th birthday. At EKF Family Law, our experienced Louisiana continuing tutorship attorneys help families navigate the legal process to ensure that vulnerable individuals receive the care and protection they need.

The Continuing Tutorship Process

Continuing tutorship is a legal procedure that must be initiated while the child is between the ages of 15 and 18. This process ensures that the guardian can continue to act on behalf of the individual once they reach adulthood. The steps include:

1. Filing a Petition: A formal request is submitted to the court by the parent or guardian seeking continuing tutorship.
2. Medical Evaluation: The child must undergo specific testing to prove that they possess less than two-thirds of the mental capacity of an average person their age.
3. Court Hearing: A judge will review the evidence and determine whether continuing tutorship is necessary.
4. Judgment of Continuing Tutorship: Once the judge approves the tutorship, the guardian can continue to make decisions on behalf of the individual regarding medical care, finances, and other essential needs.

If continuing tutorship is not established before the child turns 18, the only legal option is to file for interdiction.

Why Continuing Tutorship May Be Necessary

Some individuals with special needs require long-term care and oversight, even after they legally become adults. Continuing tutorship allows parents or guardians to maintain control over critical decisions that impact the individual’s well-being, including:

• Medical Decisions: Ensuring proper medical care and consent for treatments.
• Financial Management: Handling income, expenses, and other financial responsibilities.
• Living Arrangements: Making decisions about where the individual will live and how they will be cared for.

Our attorneys at EKF Family Law are here to help you through this process, ensuring that your loved one is protected and that all legal requirements are met.

Qualifications for Continuing Tutorship

To qualify for continuing tutorship, the requesting party must provide medical evidence that the individual has less than two-thirds of the mental capacity of a person their age. This is typically determined through specific testing, such as an Individualized Education Program (IEP). Our attorneys will guide you through gathering the necessary documentation and presenting a strong case to the court.

Protect Your Loved One’s Future with EKF Family Law

At EKF Family Law, we understand the challenges families face when caring for a loved one with special needs. Our experienced Louisiana continuing tutorship attorneys are committed to providing compassionate and knowledgeable legal guidance to ensure that your family is protected. We will handle the legal complexities so that you can focus on providing the care your loved one needs.

Contact us today for a consultation, and let us help you secure the long-term protection your loved one deserves.