The court shall appoint a legal tutor under the circumstances and according to the rules for priority provided by law, and in the manner provided in Articles 4065 through 4068.
Art. 4063.Legal Tutor
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 2. Appointment of Particular Tutors · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4063 directs the court to appoint a legal tutor — a person given priority to serve as tutor by law when there is no natural tutor or valid tutor by will — under the circumstances and priority rules the law provides, following the appointment procedure of Articles 4065 through 4068.
Full Text of Art. 4063
Plain-English Summary
When a minor has no natural tutor and no valid tutor by will, Louisiana law still designates certain people, such as close relatives, with priority to serve as tutor ahead of a stranger to the family. Article 4063 is where that legal tutor category enters the Code of Civil Procedure, though the substantive priority rules themselves come from elsewhere in Louisiana law.
The article does two things: it confirms that the court appoints a legal tutor under those circumstances and priority rules, and it routes the appointment through the same procedure used for dative tutors — the petition, notice, and opposition process set out in Articles 4065 through 4068.
Legal and dative tutorship share that procedural path because both involve a court selecting someone other than a parent or a testamentary nominee. What separates them is priority: a legal tutor holds a legally recognized claim to the position, while a dative tutor is appointed more at the court's discretion when no one with that kind of priority is available or qualified.
Frequently Asked Questions
What is a legal tutor in Louisiana?
A person given priority under Louisiana law to serve as tutor of a minor when there is no natural tutor or valid tutor by will, typically a close relative.
How does a legal tutor get appointed?
Through the same petition, notice, and opposition procedure used for dative tutors, set out in Articles 4065 through 4068.
What is the difference between a legal tutor and a dative tutor?
A legal tutor has a legally recognized priority to the position; a dative tutor is appointed by the court when no one with that kind of priority is available or qualified.
Where do the priority rules for who qualifies as legal tutor come from?
Article 4063 refers to circumstances and priority rules provided by law elsewhere; it supplies the appointment procedure rather than the substantive ranking itself.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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