At any time after the expiration of ten days from date of publication or date of mailing of the notice as provided in Article 4065, whichever period is longer, if no opposition has been filed, the court shall appoint the applicant, unless he is disqualified under Article 4231. If an opposition has been filed, it shall be tried in a summary manner.
Art. 4067.Appointment 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 4067 lets the court appoint an unopposed applicant for legal or dative tutor once ten days have passed since publication or mailing of notice, whichever period runs longer, unless the applicant is disqualified, while any opposition that was filed gets tried in a summary manner.
Full Text of Art. 4067
Amendment History
Amended by Acts 1976, No. 429, §3.
Plain-English Summary
Article 4067 closes out the appointment sequence that began with the notice requirements of Article 4065 and the opposition right of Article 4066. It sets the earliest the court can act and tells the court what to do depending on whether anyone opposed the application.
The court has to wait at least ten days from the date of publication or the date of mailing the notice, whichever of those two periods is longer, before appointing the applicant. That waiting period gives the people notified under Article 4065 a real window to file an opposition if they intend to.
If no opposition was filed once that period runs, the court appoints the applicant, unless the applicant turns out to be disqualified. If an opposition was filed, the court does not proceed straight to appointment; it tries the opposition in a summary manner, a faster contested proceeding than a full ordinary trial, before deciding who becomes tutor.
Frequently Asked Questions
How soon can a Louisiana court appoint a legal or dative tutor?
At least ten days after the date of publication or the date of mailing the notice required by Article 4065, whichever of those two periods is longer.
What happens if no one opposes the tutorship application?
The court appoints the applicant once the waiting period has run, unless the applicant is disqualified under Article 4231.
What happens if someone files an opposition under Article 4066?
The court tries the opposition in a summary manner before deciding on the appointment, rather than appointing the applicant outright.
Can a disqualified applicant still be appointed if no one opposes?
No. Even without an opposition, Article 4067 bars appointment of an applicant who is disqualified.
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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