Understanding Tutorship in Estate Planning
In Louisiana, estate planning carries its own legal vocabulary and structure—one that often surprises families relocating from other states. One of the most important distinctions is this: what most of the country calls “guardianship”, Louisiana law calls “tutorship.”
While the terminology is different, the purpose is the same: to ensure that minor children (under the age of 18 in Louisiana) are properly cared for if their parents are unable to do so due to death or incapacity.
Tutorship is a critical component of any estate plan involving minor children, and one that is often overlooked.
Tutorship is the legal process by which a court appoints a responsible person to care for a minor child when the child’s parents are no longer able to fulfill that role. www.dcfs.la.gov
In practical terms, a tutor is the person who steps into the legal role of decision-maker for a minor child’s:
- Personal care and living arrangements
- Education and healthcare decisions
- Financial assets and inheritance management (unless the assets are placed in Trust, and then the Trustee will manage those assets)
Choosing the Right Tutor for Your Children
Under Louisiana law, tutorship is not random—it follows a structured priority system based on family relationships and legal planning.
In most cases:
- When one parent dies, the surviving parent automatically becomes the tutor
- If both parents are deceased or unable to serve, the court will appoint a tutor
- If the parents executed a valid will, the person named in that will is typically given priority
This last point is especially important for estate planning. Parents have the ability to name a preferred tutor in advance, ensuring their children are raised by someone they trust rather than leaving the decision solely to the court.
Legal Steps to Implement Tutorship in Your Estate Plan
Tutorship authority begins with a properly executed will. If the will is invalid, the tutorship designation may fail—forcing the court to appoint a tutor without your input.
A strong estate plan does not stop at naming one person. A properly drafted tutorship clause should include the naming of a substitute or as it is called in Louisiana – the undertutor.
Common Mistakes to Avoid in Tutorship Planning
Tutorship is only one half of the equation. The tutor manages the child—but they also often interact with the child’s assets.
You should coordinate tutorship with:
- Trusts for minors (often the preferred structure)
- Life insurance beneficiary designations
Parents often debate with themselves and each other if the tutor should also be the trustee over the funds. This is a personal decision to the parents and should be decided after careful considerations of all details.
For some parents, having the person over the chid also being the person who can access the child’s funds makes the most sense so that they have no impediments to raising the child.
Other parents like separating out the two.
This separation can provide:
- Financial oversight and accountability
- Reduced burden on the tutor
- Professional asset management if appropriate
- Protection against mismanagement or conflict
Even when a tutor is named in a will, Louisiana courts still play a role in formalizing tutorship.
The process typically includes:
- Filing a petition for tutorship
- Submitting the will for probate
- Court confirmation of the nominated tutor
- Issuance of letters of tutorship
If everything is properly documented, this process is usually straightforward. If not, it can become contested.
Tutorship designations should not be “set and forget.”
They should be reviewed whenever there are:
- Marriages or divorces
- Birth of additional children
- Death or incapacity of a nominated tutor
- Relocation of family members
- Significant changes in financial circumstances
An outdated nomination can be as problematic as having none at all.
Implementing tutorship is not a single document—it is a coordinated legal strategy involving wills, financial planning, and court procedure.
When properly structured, it ensures that:
- Your children are raised by the people you trust
- Their financial future is protected
- Court involvement is minimized and predictable
Chip LoCoco
A New Orleans Estate Planning Attorney