On the application of an interested person or on its own motion, pending the appointment of a tutor, the court may appoint a qualified person as provisional tutor of a minor, if such appointment is necessary for the welfare of the minor or for the preservation of his property.
Art. 4070.Provisional 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 4070 lets a court appoint a qualified person as provisional tutor, pending the appointment of a permanent tutor, on its own motion or an interested person's application, whenever doing so is necessary for the minor's welfare or to preserve the minor's property.
Full Text of Art. 4070
Plain-English Summary
Appointing a permanent tutor takes time, especially where notice, publication, and an opposition might be involved. A minor's welfare or property cannot always wait that long. Article 4070 fills the gap with a provisional tutor, a temporary appointment meant to bridge the period until a permanent tutor is qualified.
The court can act either on the application of an interested person or on its own motion, without waiting for someone to ask. The standard is necessity: the appointment has to be necessary either for the minor's welfare or for the preservation of the minor's property, not a mere convenience.
This mirrors the provisional administrator concept used to protect a succession's assets before an executor or administrator is confirmed. Just as a succession needs someone with authority to act during that gap, a minor needs someone with authority to step in immediately, even while the more elaborate process for a permanent tutor plays out.
Frequently Asked Questions
What is a provisional tutor in Louisiana?
A temporary tutor appointed to protect a minor's welfare or property while a permanent tutor's appointment is still pending.
Who can ask the court to appoint a provisional tutor?
Any interested person may apply, and the court may also appoint one on its own motion under Article 4070.
What standard does the court apply before appointing a provisional tutor?
Necessity. The appointment must be necessary for the minor's welfare or for the preservation of the minor's property.
How long does a provisional tutor serve?
Until the appointment is terminated by the court or a permanent tutor has qualified, as spelled out in Article 4071.
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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