A. The security required by Article 4131 shall be in the form of a bond, to be approved by the court, and secured by:
Art. 4132.Nature of Security
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 4. Security of Tutor · Last amended 1985 · Last verified July 30, 2026
In one sentenceArticle 4132 requires the security a tutor must furnish under Article 4131 to take the form of a court-approved bond backed by an authorized surety company, by government bonds, deposit certificates, or building-and-loan shares equal in value to the required amount, or by at least two solvent personal sureties, with safekeeping, deposit, and recordation rules to match.
Full Text of Art. 4132
(1) A surety company authorized to do business in this state;
(2) Bonds of this state or of any political subdivision or any municipality thereof, or of the United States, or certificates of deposit in any bank, savings bank, or trust company chartered under the laws of Louisiana or National Banking Association domiciled in this state and insured by the Federal Deposit Insurance Corporation, or shares of any building or loan or homestead association domiciled in this state and insured by an agency of the United States, in an amount at par value equal at least to the amount of the security required; or
(3) No less than two personal sureties signing in solido who are residents of this state and who each have unencumbered property located in this state in an amount amply sufficient to secure the amount of the bonds notwithstanding the provisions of Civil Code Article 3042 or any other law to the contrary.
B. Bonds or homestead shares or certificates of deposit of a bank posted as security shall be deposited for safekeeping with the clerk of court or in a bank or other recognized depository as directed by the court, and may not be withdrawn without an order of court. The form of the act under which such bonds or shares are given in security shall be substantially that of a bond, in which the principal binds himself and declares that instead of furnishing sureties, he deposits, as directed by the court, such bonds or shares to be subject to any claim the minor may have.
C. Insured homestead shares or certificates of deposit of a bank may not be furnished as security in excess of the amount insured.
D. The bond shall not be recorded in the mortgage records nor operate as a mortgage.
Amendment History
Amended by Acts 1977, No. 192, §1, eff. 7/5/1977; Acts 1985, No. 136, §1.
Plain-English Summary
Article 4131 sets the amount of a tutor's security; Article 4132 sets what that security looks like. The required form is a bond, but the article gives three different ways to back that bond, so a tutor is not locked into a single financial arrangement.
A tutor can secure the bond through a surety company authorized to do business in Louisiana, the option that works most like a conventional insurance-backed bond. Alternatively, the tutor can pledge government bonds, bank certificates of deposit, or shares of a building-and-loan or homestead association, so long as their value at par equals at least the required security amount and the institution involved meets the article's Louisiana-connection and federal-insurance requirements. The third option is personal: at least two solvent people who are Louisiana residents, signing together and each owning unencumbered Louisiana property sufficient to cover the bond, notwithstanding limits that might otherwise apply to that kind of suretyship.
Whichever form the tutor uses, the assets backing it do not just sit with the tutor. Bonds, shares, or certificates of deposit posted as security must be deposited for safekeeping with the clerk of court or another court-directed depository, and cannot be withdrawn without a court order. Insured shares or certificates of deposit cannot be used as security beyond the amount insured. And unlike the legal mortgage mechanism used for natural tutors, the bond itself is not recorded in the mortgage records and does not operate as a mortgage.
Frequently Asked Questions
What form does a tutor's required security take under Louisiana law?
A bond approved by the court, backed by one of three options: an authorized surety company, government bonds or bank certificates of deposit or building-and-loan shares at par value, or at least two solvent personal sureties who are Louisiana residents.
Can a tutor use certificates of deposit or shares to secure the bond instead of a surety company?
Yes, but only up to their par value and, for insured shares or certificates of deposit, no more than the amount insured.
What happens to bonds or certificates posted as security?
They must be deposited for safekeeping with the clerk of court or another depository the court directs, and cannot be withdrawn without a court order.
Is a tutor's bond recorded in the mortgage records like a legal mortgage?
No. Article 4132 specifies that the bond is not recorded in the mortgage records and does not operate as a mortgage.
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
Also known as: nature of tutor's bond LouisianaArticle 4132 Louisianasurety company tutor bondpersonal sureties tutor Louisianatutor bond safekeeping deposit