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Louisiana Guardian Bond
In Louisiana, the guardianship laws are unique compared to other U.S. states due to the French influence on the state's legal tradition. When a person cannot make consistent and rational decisions about themselves or their property, the civil district court will declare them an "interdict" and appoint a curator. The "curator," also referred to as a "tutor" for minors, is responsible for managing the personal or financial affairs of the incompetent adult/minor. Curators and tutors controlling an estate must obtain a surety bond according to Title VI and Title VIII of Louisiana’s Code of Civil Procedure. The bond protects the interdict and the interests of anyone involved in the interdict's estate.
Have any questions? Give us a call at (855) 470-0877 and speak to a live Louisiana probate bond expert.
What Size Bond Do You Need?
After a person applies to be appointed as a curator or tutor, the civil district court will order a notary to review the estate and property of the defendant (the minor or incompetent adult). The notary will provide a detailed inventory and appraisal of the defendant’s property to the judge, and the judge will set the required bond amount based on that appraised value of the estate.
Generally, the bond must be sufficient to protect the total value of the personal property in the estate and to cover any potential losses caused by the curator’s actions as required by LA Code Civ Pro Art. 4131. The court may also increase or decrease the bond amount to reflect any change in the estate’s value.
How Much Does the Louisiana Guardian Bond Cost?
Jet charges $150 per year for the Louisiana Guardian bond for bond amounts up to $20,000. See the chart below to calculate the price for larger bonds. We offer special tiered pricing that decreases the percentage rate paid for larger bond amounts. In Louisiana, curators and tutors may pay the bond premium from the estate’s funds according to LA Code Civ Pro Art. 4550.
To determine how much the bond will cost, curators and tutors can follow the steps listed below:
- Determine the Required Bond Amount
The civil district court judge will set the required bond amount based on the appraised value given by the notary after taking inventory.
- Calculate the Total Cost
Guardian bonds up to $20,000 in size cost $150 per year. For each additional $1,000 increase, the bond premium will increase by the corresponding amount outlined in the table below.
| Bond Amount | Additional Premium (per $1,000) | Bond Cost (1 year) |
|---|---|---|
| $0 - $20,000 | $150 flat rate | $150 |
| $20,001 - $60,000 | $6.00 | $150 - $390 |
| $60,001 - $200,000 | $5.00 | $390 - $1,090 |
| $200,001 - $500,000 | $3.75 | $1,090 - $2,215 |
| $500,001 - $1,500,000 | $2.50 | $2,215 - $4,715 |
| $1,500,000+ | $1.00 | $4,715+ |
Applicants can also save money by purchasing bonds for multiple years in advance. Apply online in minutes or call one of our probate bond experts at (855) 470-0877 to determine how much your bond will cost.
What Is the Difference Between a Curator and Tutor in Louisiana?
Curators are appointed to manage the affairs of an adult, while tutors are appointed to make decisions on behalf of a minor child. Both tutors and curators can be appointed under a full or limited interdiction, depending on the circumstances of their case. You can find the specific details and responsibilities for both, along with the different types of interdiction, listed below:
- Curator: A person authorized by the court to take custody of and provide care for an adult who is declared to be incapable of doing so themselves. A curator must act in the best interest of the interdict and is responsible for managing the interdict's estate, education, and physical well-being.
- Tutor: A person responsible for caring for a minor child is typically appointed when a child owns assets that need protection or if both parents are deceased. A tutor will have specific responsibilities set forth by the court, which they must carry out in the minor's best interests.
- Limited Interdiction: A type of interdiction transfers a portion of the interdict's rights to the curator. This partial transfer can provide the curator with control over personal or financial affairs, but the curator may not control both.
- Full Interdiction: This type of interdiction grants the appointed curator complete authority over the interdict's personal care and financial matters.
Other Important Terms to Know
- Beneficiary: An individual or entity that financially benefits from the property owned by another person.
- Defendant: The individual who is being considered for interdiction by a court. The interdict is always referred to as the defendant during the petition and court hearing.
- Estate: An individual’s personal property, real estate, and any other financial affairs.
- Interdict: A person who has been judged incompetent by the civil district court to be unable to manage their personal and/or financial affairs.
- Interdiction: A judicial proceeding in which authority for making decisions regarding the affairs of an individual is transferred to another person.
- Interested Person: Any person who has an interest in the welfare or finances of a ward, including a government agency paying benefits to that individual.
- Minor: An unemancipated individual under 18 years of age.
- Petitioner: The person who is seeking an interdiction of another person.
- Respondent: The person who is alleged to be incapacitated and in need of a guardian/conservator.
- Surety Bond: A type of insurance that protects the ward if the guardian or conservator does not fully fulfill his or her duties.
- Undercurator: A person appointed by the court to oversee the actions of the curator, ensuring that they act in the best interests of the interdict and fulfill all their obligations.
- Undertutor: A person appointed by the court to observe and report on the tutor's actions and must notify the court whenever the tutor neglects their duties or behaves improperly on behalf of the defendant.
Why Is the Louisiana Guardain Bond Required? Are There Surety Bond Exemptions?
When a curator/tutor is appointed to a full interdiction or limited interdiction over a person’s estate, the Louisiana civil district court will require a surety bond according to LA Code Civ Pro Art. 4563. The bond safeguards the interests and well-being of the person under interdiction and serves as a form of insurance that guarantees the responsible and ethical behavior of the curator/tutor.
By requiring a bond, the court can help prevent potential mismanagement or misuse of the interdict's property by the curator and ensure they act in accordance with Title VIII of Louisiana’s Code of Civil Procedure. The bond can also be used to compensate the person under interdiction for any losses incurred due to the curator’s actions.
The following people are generally exempt from the surety bond requirement:
- Curators or tutors who do not have any authority over an individual’s estate
- Tutors appointed over a minor whose property is valued at $50,000 or less
- The natural tutor of a minor (the minor’s parents)
- Undercurators and undertutors
When a tutorship is required because of a personal injury money claim or another kind of contested claim for damages, the court may postpone the bond requirement until the minor is awarded the claim.
How Is the Curator Appointed by the Civil District Court?
The civil district court must appoint a curator or tutor who will serve in the best interests of the interdict. Any person determined suitable by the court may petition for the appointment of a curator or tutor. The order of appointment for curators set forth in LA Code Civ Pro Art. 4561 is as follows:
- The nominee of the interdict
- The spouse of the defendant
- An adult child of the defendant
- A parent of the defendant
- Anyone who has resided with the interdict within the past six months
- Any other adult
The court may choose to select someone with lower legal preference if they determine they will serve the interdict best. Without notice or opposition, the court may grant temporary curatorship to a qualified individual before the primary interdiction hearing. The temporary curatorship holds only if there is evidence that the interdict’s well-being or property is in imminent danger.
How To Apply for the Louisiana Guardian Bond With Jet
Jet’s application process is simple and fast - our goal is to get the curator bonded as quickly as possible so they can focus on their legal obligations. All we need is the bond amount and basic information about the estate. Applicants for bond limits over $50,000 will likely need to submit documentation from the court for review.
Some of the factors Jet considers when underwriting these types of bonds:
- Applicant’s credit history for bond limits over $25,000 if they have not retained an attorney, or $50,000 if they have retained an attorney
- If the applicant has ever committed a felony
- If there are disputes among the estate’s beneficiaries
- Whether or not there is any ongoing business in the estate
- Whether or not the applicant owes any money to the estate
How Does the Bond Get Filed with the Civil District Court?
After you purchase the bond, Jet will fill in the required information on the bond form, sign and affix a raised seal, and mail the original bond to your desired address. When the original bond is received, the curator or tutor should sign as the principal and file the bond with the civil district court in the parish where the incompetent adult/minor resides or owns property.
Once the curator files their bond with the clerk and signs an oath stating they will faithfully perform their duties, the clerk will issue letters of curatorship within the following ten days. Jet has provided a chart at the bottom of the page with a list of civil district courts in each parish across the State of Louisiana, including contact information for their offices.
Can the Louisiana Guardian Bond Be Canceled?
If you need to cancel your bond, you may request to do so with Jet by sending a written cancellation appeal to our email: [email protected].
However, the court must first release you from your fiduciary duties. Once the Jet team has received your request, we will send a cancellation request to the court overseeing your case. If the court accepts the request, Jet will cancel the bond and provide a refund of any unearned premium.
How Long Do You Need the Bond?
Civil district courts in Louisiana require the bond to be on file for the entire term the curator or tutor is appointed, either until the minor reaches the age of 18 or the court rules that the interdiction is no longer necessary. Until that point, the curator/tutor must maintain their bond and can only be relieved of their obligations upon court approval.
Any person, including the curator or the interdict, may motion the court to terminate the interdiction. If the court finds indisputable evidence that the protective relationship is no longer in the best interest of the interdict, they will remove the curator or tutor from their position and appoint a successor. The curator must submit a final accounting and inventory of the interdict’s estate before their removal.
As for renewing your bond, Jet will send a renewal invoice far in advance of the bond term’s expiration date. The bond will remain active with the civil district court as long as you make your renewal payment.
How Does a Curator Avoid Surety Bond Claims in Louisiana?
The civil district court expects the curator or tutor to fulfill all duties and obligations listed in Title VI and Title VIII of Louisiana’s Code of Civil Procedure. Despite the fact that most curators act in good faith, sometimes mismanagement or accounting blunders can cause major problems. Therefore, we always suggest hiring an attorney to help manage the financial affairs of the interdict. Here are some violations that may lead to bond claims on the Louisiana Guardian Bond:
- Committing negligence, embezzlement, or fraud
- Misusing or misappropriation of estate assets
- Buying or selling any part of the estate without court approval
- Using estate funds or property for personal use that belongs to a trust
- Failing to submit inventory reports or account for all estate assets
Any person with proven damages caused by the curator of the interdict’s estate may file a claim against the bond. This includes the interdict, creditors to their estate, or the representative of the interdict.
What Happens if I Get a Louisiana Guardian Bond Claim?
Upon receiving court notice of a claim on the bond, Jet has 30 days to pay the claim or ask for additional time to review it. Jet works tirelessly to protect curators and tutors against faulty claims. Even if the court has requested a bond payout, we assess all documentation provided by the court and the curator before paying out the claim. However, if a claim is valid and Jet pays the claimant, the curator must pay Jet back as they are ultimately liable for their actions.
Civil District Court Locations in Louisiana
Below is a list of all the civil district courts located in the State of Louisiana, as well as their addresses and contact information.
| County Court | Phone Number | Address |
|---|---|---|
| Acadia Parish | (337) 788-8881 | 500 N. Parkerson Ave Crowley, LA 70527 |
| Allen Parish | (337) 636-4351 | 400 W 6th Ave Oberlin, LA 70655 |
| Ascension Parish | (225) 621-8500 | 607 East Worthey St., Third Floor Gonzales, LA 70737 |
| Assumption Parish | (985) 369-6653 | 4809 Hwy 1 Napoleonville, LA 70390 |
| Avoyelles Parish | (318) 253-7523 | 312 North Main Street Marksville, LA 71351 |
| Beauregard Parish | (337) 463-7993 | 200 West Second Street DeRidder, LA 70634 |
| Bienville Parish | (318) 263-7408 | 100 Courthouse Drive, Ste 2200 Arcadia, LA 71001 |
| Bossier Parish | (318) 965-2336 | 204 Burt Boulevard Benton, LA 71006 |
| Caddo Parish | (318) 226-6776 | 501 Texas Street, Room 103 Shreveport, LA 7101 |
| Calcasieu Parish | (337) 721-3100 | 1001 Lakeshore Drive Lake Charles, LA 70601 |
| Caldwell Parish | (318) 649-7410 | 201 Main Street Columbia, LA 71418 |
| Cameron Parish | (337) 775-5649 | 119 Smith Circle Cameron, LA 70631 |
| Catahoula Parish | (318) 336-5526 | 4001 Carter St Ste 9 Vidalia, LA 71373 |
| Clairborne Parish | (318) 927-4862 | 511 West Main Street Homer, LA 71040 |
| Concordia Parish | (318) 336-4204 | 4001 Carter St Room 5 Vidalia, LA 71373 |
| DeSoto Parish | (318) 872-3788 | 101 Texas Street Mansfield, LA 71052 |
| East Baton Rouge Parish | (225) 389-4700 | 300 North Boulevard Baton Rouge, LA 70801 |
| East Carroll Parish | (318) 559-2388 | 400 First Street Lake Providence, LA 71254 |
| East Faliciana Parish | (225) 683-4800 | 12220 St. Helena St. Clinton, LA 70722 |
| Evangeline Parish | (337) 363-5671 | 200 Court Street, Ste 104 Ville Platte, LA 70586 |
| Franklin Parish | (318) 435-5133 | 6550 Main Street Winnsboro, LA 71295 |
| Grant Parish | (318) 627-3244 | 200 Main St Colfax, LA 71417 |
| Iberia Parish | (337) 369-4410 | 300 Iberia Street New Iberia, LA 70560 |
| Iberville Parish | (225) 687-5230 | 58050 Meriam St. Plaquemine, LA 70764 |
| Jackson Parish | (318) 259-4112 | 500 East Court Ave, Rm 201 Jonesboro, LA 71251 |
| Jefferson Davis Parish | (337) 824-3506 | 300 North State Street Jennings, LA 70546 |
| Jefferson Parish | (504) 364-3998 | 200 DERBIGNY STREET Gretna, LA 70053 |
| Lafayette Parish | (337) 291-6400 | 800 S. Buchanan St. LaFayette, LA 70501 |
| Lafourche Parish | (985) 447-5550 | 303 West Third Street Thibodaux, LA 70302 |
| LaSalle Parish | (318) 992-2002 | 1050 Courthouse Street, Room 4 Jena, LA 71342 |
| Lincoln Parish | (318) 251-5121 | 100 West Texas Avenue, 3rd Floor Ruston, LA 71270 |
| Livingston Parish | (225) 686-7461 | 20300 Government Street Livingston, LA 70754 |
| Madison Parish | (318) 574-2712 | 100 North Cedar Street Tallulah, LA 71282 |
| Morehouse Parish | (318) 281-3343 | 100 East Madison Street Bastrop, LA 71220 |
| Natchitoches Parish | (318) 352-2034 | 200 Church Street Natchitoches, LA 71457 |
| Orleans Parish | (504) 407-0000 | 421 Loyola Avenue New Orleans, LA 70112 |
| Ouachita Parish | (318) 327-1444 | 300 St John Street Monroe, LA 71201 |
| Plaquemines Parish | (504) 392-6690 | 18055 Highway 15 Pointe a la Hache, LA 70082 |
| Pointe Coupee Parish | (225) 638-5532 | 201 E Main Street New Roads, LA 70760 |
| Rapides Parish | (318) 443-6893 | 701 Murray Street, Suite 501 Alexandria, LA 71301 |
| Red River Parish | (318) 932-6741 | 615 East Carroll Street Coushatta, LA 71019 |
| Richland Parish | (318) 728-4171 | 708 Julia Street Rayville, LA 71269 |
| Sabine Parish | (318) 256-6223 | 400 South Capital, Room 102 Many, LA 71449 |
| St. Bernard Parish | (504) 271-3434 | 1101 W. St. Bernard Hwy. Chalmette, LA 70043 |
| St. Charles Parish | (985) 783-5000 | 15045 River Road Hahnville, LA 70057 |
| St. Helena Parish | (225) 222-6492 | 369 Sitman Street Greensburg, LA 70441 |
| St. James Parish | (225) 562-2270 | 5800 LA Hwy 44, 2nd Floor Convent, LA 70723 |
| St. John the Baptist Parish | (985) 497-3331 | 2393 Highway 18 Edgard, LA 70049 |
| St. Landry Parish | (337) 942-5606 | 118 South Court Street, Ste 207 Opelousas, LA 70570 |
| St. Martin Parish | (337) 394-2210 | 415 S. Main St. St. Martinville, LA 70502 |
| St. Mary Parish | (337) 828-4100 | 500 Main St Franklin, LA 70538 |
| St. Tammany Parish | (985) 809-8700 | 701 N Columbia Street Covington, LA 70433 |
| Tangipahoa Parish | (985) 748-9445 | 110 North Bay Street Amite, LA 70422 |
| Tensas Parish | (318) 766-3233 | 201 Hancock Street St. Joseph, LA 71366 |
| Terrebonne Parish | (985) 580-8102 | 7856 Main Street Houma, LA 70360 |
| Union Parish | (318) 368-9734 | 100 East Bayou, Suite 202 Farmerville, LA 71241 |
| Vermilion Parish | (337) 898-1992 | 100 North State St. Abbeville, LA 70510 |
| Vernon Parish | (337) 239-2147 | 215 S. 4th Street Leesville, LA 71446 |
| Washington Parish | (985) 839-4663 | 908 Washington St Franklinton, LA 70438 |
| Webster Parish | (318) 371-0366 | 410 Main Street Minden, LA 71055 |
| West Baton Rouge Parish | (225) 336-2419 | 850 8th Street Port Allen, LA 70767 |
| West Carroll Parish | (318) 428-3281 | 305 East Main Street, Room 101 Oak Grove, LA 71263 |
| West Faliciana Parish | (225) 635-4363 | 4785 Prosperity Street St. Francisville, LA 70775 |
| Winn Parish | (318) 628-4596 | 119 W Main Street Winnfield, LA 71483 |
