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La. Rev. Stat. § 13:4251.101 Short title
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§4251.101. Short title This Chapter may be cited as the Louisiana Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Acts 2016, No. 333, §1.
La. Rev. Stat. § 13:4251.102 Definitions
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§4251.102. Definitions In this Chapter: (1) "Adult" means an individual who has attained eighteen years of age or who is an emancipated minor. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed as a curator…
La. Rev. Stat. § 13:4251.103 International application of Part
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§4251.103. International application of Part A court of this state may treat a foreign country as if it were a state for the purpose of applying this Part and Parts 2, 3, and 5 of this Chapter. Acts 2016, No. 333, §1.
La. Rev. Stat. § 13:4251.104 Communication between courts
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§4251.104. Communication between courts A. A court of this state may communicate with a court in another state concerning a proceeding arising under this Act. The court may allow the parties to participate in the communication. Except as otherwise provided in Subsection B of this…
La. Rev. Stat. § 13:4251.105 Cooperation between courts
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§4251.105. Cooperation between courts If a court of another state in which a guardianship or protective proceeding is pending requests assistance under a provision of law similar to R.S. 13:4251.104, a court of this state has jurisdiction for the limited purpose of granting the r…
La. Rev. Stat. § 13:4251.106 Taking testimony in another state
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§4251.106. Taking testimony in another state A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testim…
La. Rev. Stat. § 13:4251.201 Definitions; significant-connection factors
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§4251.201. Definitions; significant-connection factors A. In this Part: (1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person …
La. Rev. Stat. § 13:4251.202 Exclusive basis
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§4251.202. Exclusive basis This Part provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. Acts 2016, No. 333, §1.
La. Rev. Stat. § 13:4251.203 Jurisdiction
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§4251.203. Jurisdiction A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following apply: (1) This state is the respondent's home state. (2) On the date the petition is filed, this state is a significant-conne…
La. Rev. Stat. § 13:4251.204 Special jurisdiction
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§4251.204. Special jurisdiction A. A court of this state lacking jurisdiction under R.S. 13:4251.203(1) through (3) has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically …
La. Rev. Stat. § 13:4251.205 Exclusive and continuing jurisdiction
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§4251.205. Exclusive and continuing jurisdiction Except as otherwise provided in R.S. 13:4251.204, a court that has appointed a guardian or issued a protective order consistent with this Chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated …
La. Rev. Stat. § 13:4251.206 Appropriate forum
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§4251.206. Appropriate forum A. A court of this state having jurisdiction under R.S. 13:4251.203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. B. I…
La. Rev. Stat. § 13:4251.207 Jurisdiction declined by reason of conduct
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§4251.207. Jurisdiction declined by reason of conduct A. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may do any of the following: (1) Decline to exercis…
La. Rev. Stat. § 13:4251.208 Notice of proceeding
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§4251.208. Notice of proceeding If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements …
La. Rev. Stat. § 13:4251.209 Proceedings in more than one state
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§4251.209. Proceedings in more than one state Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under R.S. 13:4251.204(A)(1) or (A)(2), if a petition for the appointment of a guardia…
La. Rev. Stat. § 13:4251.301 Transfer of guardianship or conservatorship to another state
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§4251.301. Transfer of guardianship or conservatorship to another state A. A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. B. Notice of a petition under Subsection A of this Section must be…
La. Rev. Stat. § 13:4251.302 Accepting guardianship or conservatorship transferred from another state
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§4251.302. Accepting guardianship or conservatorship transferred from another state A. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to R.S. 13:4251.301, the guardian or conservator must petition the court in this stat…
La. Rev. Stat. § 13:4251.401 Registration of guardianship orders
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§4251.401. Registration of guardianship orders If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to r…
La. Rev. Stat. § 13:4251.402 Registration of protective orders
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§4251.402. Registration of protective orders If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register…
La. Rev. Stat. § 13:4251.403 Effect of registration
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§4251.403. Effect of registration A. Upon registration of a guardianship or protective order from another state, except as prohibited under the laws of this state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment, subject to…
La. Rev. Stat. § 13:4251.501 Uniformity of application and construction
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§4251.501. Uniformity of application and construction In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2016, No. 333, §1.
La. Rev. Stat. § 13:4251.502 Relation to Electronic Signatures in Global and National Commerce Act
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§4251.502. Relation to Electronic Signatures in Global and National Commerce Act This Chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section …
La. Rev. Stat. § 13:4251.504 Transitional provision
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§4251.504. Transitional provision A. This Chapter applies to guardianship and protective proceedings begun on or after the effective date. B. Parts I, III, and IV of this Chapter and R.S. 13:4251.501 and 4251.502 apply to proceedings begun before the effective date, regardless of…
La. Rev. Stat. § 13:4261.101 Short title
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§4261.101. Short title This Chapter may be cited as the Supported Decisionmaking Agreement Act, and may also be cited as the Dustin Gary Act. Acts 2020, No. 258, §2.
La. Rev. Stat. § 13:4261.102 Definitions
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§4261.102. Definitions As used in this Chapter: (1) "Adult" means an individual with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. 12102, who has attained eighteen years of age or who is an emancipated minor. (2) "Guardian" means a guardian as …
La. Rev. Stat. § 13:4261.103 Purpose
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§4261.103. Purpose The purpose of this Chapter is to recognize a less restrictive decisionmaking process and empowers supported decisionmaking as an option over interdiction for adults with disabilities who need assistance with decisions regarding daily living. Acts 2020, No. 258…
La. Rev. Stat. § 13:4261.201 Scope of supported decisionmaking agreement
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§4261.201. Scope of supported decisionmaking agreement An adult may voluntarily, without undue influence or coercion, enter into a supported decisionmaking agreement with a supporter under which the adult authorizes the supporter to do any of the following: (1) Provide supported …
La. Rev. Stat. § 13:4261.202 Authority of supporter
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§4261.202. Authority of supporter A supporter may exercise the authority granted to the supporter in the supported decisionmaking agreement. Acts 2020, No. 258, §2.
La. Rev. Stat. § 13:4261.203 Requirements of supporter
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§4261.203. Requirements of supporter A supporter shall do all of the following: (1) Support the will and preference of the adult and not the supporter's opinion of the adult's best interests. (2) Act honestly, diligently, and in good faith. (3) Act within the scope set forth in t…
La. Rev. Stat. § 13:4261.204 Prohibitions
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§4261.204. Prohibitions A supporter is prohibited from doing all of the following: (1) Exerting undue influence upon the adult. (2) Obtaining, without the consent of the adult, information relating to the adult acquired for a purpose other than assisting the adult in making a spe…
La. Rev. Stat. § 13:4261.205 Requirements of a supported decisionmaking agreement
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§4261.205. Requirements of a supported decisionmaking agreement A. A supported decisionmaking agreement shall contain all of the following information: (1) The name, address, and phone number of at least one supporter. (2) A description of the decisionmaking assistance that a sup…
La. Rev. Stat. § 13:4261.206 Revocation
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§4261.206. Revocation A. An adult may revoke a supported decisionmaking agreement at any time. A revocation shall be in the form of an authentic act, dated, and signed by the adult or the adult's guardian if the adult lacks capacity under Civil Code Article 1918, and a copy of th…
La. Rev. Stat. § 13:4261.207 Term of agreement
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§4261.207. Term of agreement A. A supported decisionmaking agreement terminates under any of the following circumstances: (1) The adult subject of the supported decisionmaking agreement dies. (2) The adult subject of the supported decisionmaking agreement revokes the agreement un…
La. Rev. Stat. § 13:4261.208 Access to personal information
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§4261.208. Access to personal information A. A supporter is authorized to assist the adult only in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decisionmaking agreement. B. If a supporter assists an adult in accessi…
La. Rev. Stat. § 13:4261.301 Reliance
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§4261.301. Reliance A supported decisionmaking agreement that complies with Part II of this Chapter is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decisionmaking agreement was not validly executed. Acts …
La. Rev. Stat. § 13:4261.302 Reporting of suspected abuse, neglect, or exploitation
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§4261.302. Reporting of suspected abuse, neglect, or exploitation If a person who receives a copy of a supported decisionmaking agreement or is aware of the existence of a supported decisionmaking agreement and has cause to believe that the adult is being abused, neglected, or ex…
La. Rev. Stat. § 13:4281 Capias ad satisfaciendum abolished
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§4281. Capias ad satisfaciendum abolished The writ of capias ad satisfaciendum is abolished.
La. Rev. Stat. § 13:4282 Fines; writ of fieri facias; rule to show cause
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§4282. Fines; writ of fieri facias; rule to show cause When a fine is imposed by any court of justice for the non-attendance of any witness or juror, or for any other cause, the clerk shall issue, within two judicial days, a writ of fieri facias, at the suit of the state, against…
La. Rev. Stat. § 13:4283 Form of writs
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§4283. Form of writs Writs of execution or of fieri facias shall be in the following form: ) State of Louisiana, _______________ ) ____________Court, vs. ) Parish of __________, _______________ ) No. __________, ) State of Louisiana, To the Sheriff of the Parish of __________, Gr…
La. Rev. Stat. § 13:4284 Return of writs of fieri facias
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§4284. Return of writs of fieri facias All writs of fieri facias issued by the clerks of the several courts shall be made returnable by them as provided by law. Each sheriff shall return all writs directed to him to the clerk's office from which they issued, as provided by law, a…
La. Rev. Stat. § 13:4285 Retention of seized property by judgment debtor until day of sale; security therefor
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§4285. Retention of seized property by judgment debtor until day of sale; security therefor The judgment debtor may have restored to him, until the day of sale, property of his which has been seized under a writ of fieri facias, by furnishing security for an amount exceeding by o…
La. Rev. Stat. § 13:4286 Notice to pay unnecessary
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§4286. Notice to pay unnecessary It shall not be necessary for the sheriff to give notice to the defendant to pay the money on an execution before proceeding to levy thereunder.
La. Rev. Stat. § 13:4287 Duty to make return
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§4287. Duty to make return Sheriffs, coroners, when acting as sheriffs, and constables, shall return all writs of fieri facias, directed to them or any of them, on the return days named in the writs. If any sheriff, coroner or constable fails to make due return of such writ, on t…
La. Rev. Stat. § 13:4288 Property not released or lien discharged by return of writ
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§4288. Property not released or lien discharged by return of writ The return of any writ of fieri facias, on the return day thereof, shall in no case operate as a release of the seizure of property made under such writ, or as a discharge of any lien acquired by service of such a …
La. Rev. Stat. § 13:4289 Sale under execution of property subject to tax sale, effect of subsequent redemption
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§4289. Sale under execution of property subject to tax sale, effect of subsequent redemption A. Whenever any sale of immovable property is made under execution, whether under a writ of fieri facias, or a writ of seizure and sale, or otherwise, and at the time of such sale there i…
La. Rev. Stat. § 13:4290 Recovery of damages for excessive seizure in ordinary proceeding
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§4290. Recovery of damages for excessive seizure in ordinary proceeding When, under Article 2296 of the Code of Civil Procedure, the judgment debtor has obtained the release of an excessive seizure directed in bad faith by the seizing creditor, the judgment debtor may recover the…
La. Rev. Stat. § 13:4291 Effect of child support payments; judicial mortgage and privilege; affidavit of
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§4291. Effect of child support payments; judicial mortgage and privilege; affidavit of support owed; prescription A.(1) Each payment of child support that is past due under the provisions of an award for child support rendered in a court of this state, or under a foreign child su…
La. Rev. Stat. § 13:43 Member qualifications; terms of office; chairman
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§43. Member qualifications; terms of office; chairman Members of the commission shall be residents and qualified voters of the state of Louisiana. Members shall serve four-year terms and vacancies shall be filled in the same manner as the original appointment. The commission shal…
La. Rev. Stat. § 13:4341 Time and place of sale; adjournments; Orleans Parish excepted
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§4341. Time and place of sale; adjournments; Orleans Parish excepted A. All public sales by auction, the parish of Orleans excepted, when made by sheriffs, coroners, constables, auctioneers, or succession representatives shall be advertised to take place at the courthouse, any co…
La. Rev. Stat. § 13:4343 Property in two or more parishes; place of sale and advertisement
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§4343. Property in two or more parishes; place of sale and advertisement In all judicial sales, where the property to be sold is situated in two or more parishes, such property may be sold in the respective parishes where it is situated, or all of such property may be sold in the…
