Any tutor who desires to give bond or security and thus release from an existing general or special mortgage the whole or a portion of the property covered thereby may do so with the approval of the court as provided in Article 4271, provided the bond or security tendered fully protects the minor. Any of the securities enumerated in Articles 4132 and 4133 may be substituted at any time either in whole or in part for any other kind, at the option of the tutor, and with the approval of the court as provided in Article 4271, which shall enter the necessary orders to render the substitutions effective. If other security has been furnished instead of a general mortgage, the tutor may not revert to a general mortgage. When a bond or security is substituted only in part for the general or special mortgage, the amount thereof may be proportionately smaller based on the value of the property to be released from mortgage.
Art. 4136.Substitution of One Kind of Security For Another
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 4. Security of Tutor · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4136 lets a tutor substitute one kind of security for another, in whole or in part and with court approval, releasing property from an existing general or special mortgage as long as the substituted security fully protects the minor, though a tutor who moves away from a general mortgage cannot revert back to it.
Full Text of Art. 4136
Plain-English Summary
A tutor's security arrangement does not have to stay fixed for the life of the tutorship. Article 4136 lets a tutor swap the type of security securing the minor's property, whether that means moving from a mortgage to a bond, from a bond to a different kind of security, or releasing part of the mortgaged property for a bond covering that portion.
Every substitution runs through the court, following the same approval process used for other actions affecting a minor's interest, and the touchstone is protection: the bond or security offered has to fully protect the minor before the existing mortgage, in whole or in part, gets released. Any of the security types enumerated in Articles 4132 and 4133 can be substituted for any other, at the tutor's option, once the court signs off and enters the orders needed to make the substitution effective.
One substitution is not available: once a tutor has moved away from a general mortgage to another kind of security, the tutor cannot revert back to a general mortgage. And when a substitution covers only part of the property under a general or special mortgage, the amount of the new security can be scaled down proportionately, based on the value of just the property being released.
Frequently Asked Questions
Can a tutor change the type of security securing the minor's property mid-tutorship?
Yes. Article 4136 allows a tutor to substitute one kind of security for another, in whole or in part, with court approval.
What has to be shown before the court approves a substitution of security?
That the bond or security being offered fully protects the minor before any part of the existing general or special mortgage is released.
Can a tutor switch back to a general mortgage after giving other security?
No. Article 4136 provides that once other security has been furnished instead of a general mortgage, the tutor may not revert to a general mortgage.
If only part of the property is released, does the new security have to match the full original amount?
No. Article 4136 allows the amount to be proportionately smaller, based on the value of the property being released from the 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
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