Instead of the legal mortgage provided in Article 4134, a natural tutor may furnish bond in the amount provided by Article 4131 and of the nature provided by Article 4132, or a special mortgage as provided in Article 4133. If the court determines that the legal mortgage will not be sufficient protection for the minor, and that substantial loss to the minor may result unless a bond is furnished, the court may order that the natural tutor furnish a bond or a special mortgage instead of the legal mortgage.
Art. 4135.Security Instead of Legal Mortgage
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 4. Security of Tutor · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4135 lets a natural tutor furnish a bond under Article 4131 and 4132, or a special mortgage under Article 4133, instead of the legal mortgage described in Article 4134, and lets the court order that substitution when the legal mortgage will not adequately protect the minor and substantial loss might otherwise result.
Full Text of Art. 4135
Plain-English Summary
The legal mortgage scheme in Article 4134 is the default protection for a minor under a natural tutor, but it is not the only option, and it is not always enough. Article 4135 opens the door in both directions: the tutor can choose an alternative, and the court can require one.
A natural tutor who would rather furnish a bond, in the amount and form Articles 4131 and 4132 describe, or a special mortgage under Article 4133, can do so instead of relying on the legal mortgage. That flexibility matters where, for example, the tutor's available immovable property does not comfortably support the legal mortgage amount, or the tutor prefers a bond for other reasons of his own.
The court's power under this article runs the other way, protecting the minor rather than accommodating the tutor. If the court determines the legal mortgage will not sufficiently protect the minor, and that substantial loss to the minor could result without a bond, the court can order the natural tutor to furnish a bond or a special mortgage in place of relying on the legal mortgage alone.
Frequently Asked Questions
Can a natural tutor choose a bond instead of the legal mortgage?
Can the court require a natural tutor to post a bond even if he would prefer the legal mortgage?
Yes, if the court determines the legal mortgage will not sufficiently protect the minor and that substantial loss might result without a bond.
Why might the legal mortgage under Article 4134 not be enough protection?
The tutor's immovable property might not adequately cover the required amount, or other circumstances might make the automatic legal mortgage insufficient in a particular case, prompting the court to order a bond or special mortgage instead.
Is a natural tutor required to use both a bond and the legal mortgage?
No. Article 4135 treats the bond or special mortgage as an alternative to the legal mortgage, not an addition to it.
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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