A provisional tutor shall take an oath to discharge faithfully the duties of his office and shall furnish security as provided in Article 4132 for the faithful performance of his duties, in an amount determined by the court as adequate for the protection of the minor. A provisional tutor shall continue in office until his appointment is terminated by the court or until a tutor has been qualified.
Art. 4071.Security, Oath, and Tenure of 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 4071 requires a provisional tutor to take an oath and furnish security under Article 4132 in an amount the court sets as adequate to protect the minor, and provides that the provisional tutor continues in office until the court terminates the appointment or a permanent tutor qualifies.
Full Text of Art. 4071
Plain-English Summary
A provisional tutor holds real authority over a minor's welfare and property, even though the appointment is temporary, so Article 4071 subjects that office to the same kind of accountability measures used for a permanent tutor.
Before acting, the provisional tutor must take an oath to faithfully discharge the duties of the office, the same commitment Article 4061 requires of a natural tutor and Article 4062 requires of a tutor by will. The provisional tutor must also furnish security, in the form Article 4132 describes, in whatever amount the court determines is adequate to protect the minor under the circumstances.
Tenure is tied to the gap the provisional tutor exists to fill. The provisional tutor continues in office until the court terminates the appointment or until a permanent tutor has qualified, whichever happens first, so the temporary role naturally ends once the ordinary appointment process catches up.
Frequently Asked Questions
Does a provisional tutor have to take an oath?
Yes. Article 4071 requires a provisional tutor to take an oath to faithfully discharge the duties of the office, the same as other categories of tutor.
What kind of security must a provisional tutor furnish?
Security in the form provided by Article 4132, in an amount the court determines is adequate to protect the minor.
How long does a provisional tutor's appointment last?
Until the court terminates the appointment or a permanent tutor has qualified, whichever comes first.
Is a provisional tutor's security the same amount as a permanent tutor's?
Not necessarily a fixed formula; Article 4071 leaves the amount to the court's determination of what is adequate to protect the minor given the circumstances of the provisional appointment.
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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