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Art. 4066.Opposition to Application of Legal Or Dative Tutor

Book VII. Special Proceedings · Title VI. Tutorship · Chapter 2. Appointment of Particular Tutors · Last amended 1976 · Last verified July 30, 2026

In one sentenceArticle 4066 allows any interested person to oppose an application for appointment as legal or dative tutor at any point before the appointment is made, so long as the opposition alleges that the applicant is disqualified or that appointing the opponent instead would better serve the minor's best interest.

Full Text of Art. 4066

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An opposition to an application for appointment as legal or dative tutor may be filed at any time prior to the appointment, as provided in Article 4067. The opposition shall comply with Article 2972 and shall allege the grounds upon which it is claimed that the applicant is disqualified or that it would be in the best interest of the minor for the opponent to be appointed tutor instead of the applicant.

Amendment History

Amended by Acts 1976, No. 429, §3.

Plain-English Summary

The notice requirements of Article 4065 exist to give people the chance to act on what they learn, and Article 4066 supplies the mechanism: an opposition to the pending application. It can be filed at any time before the court makes its appointment under Article 4067.

An opposition is not a bare objection. It has to allege specific grounds, either that the applicant is disqualified from serving as tutor, or that appointing the opponent instead would better serve the minor's best interest than appointing the applicant. A general preference for a different outcome, without one of those grounds, does not suffice.

The opposition itself follows the pleading requirements the Code sets for that kind of contested filing, keeping it aligned with how other contested applications are raised and answered in Louisiana civil procedure.

Frequently Asked Questions

Who can oppose an application for legal or dative tutor?

Any interested person, so long as the opposition is filed before the court appoints the applicant and alleges proper grounds under Article 4066.

What grounds does an opposition to a tutorship application have to allege?

That the applicant is disqualified from serving as tutor, or that it would be in the minor's best interest for the opponent to be appointed instead.

Is there a deadline for filing an opposition?

An opposition may be filed at any time prior to the appointment, as provided in Article 4067.

What happens after an opposition is filed?

The court appoints a legal or dative tutor differently than it would an unopposed application; Article 4067 requires the opposition to be tried in a summary manner.

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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