Before the person appointed as tutor enters upon the performance of his official duties, he must take an oath to discharge faithfully the duties of his office. A natural tutor shall include in his oath a list of the parishes in which he owns immovable property.
Art. 4171.Oath
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 5. Oath and Letters of Tutorship · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4171 requires a newly appointed tutor to take an oath of office before exercising any authority over the minor, and requires a natural tutor's oath to list every parish where the tutor owns immovable property, since that property may need to carry the minor's legal mortgage.
Full Text of Art. 4171
Plain-English Summary
Taking an oath is the last personal step standing between an appointment and actual authority. Article 4171 requires every appointed tutor, whether natural, legal, dative, or provisional, to swear to discharge the duties of the office faithfully before doing anything on the minor's behalf. Appointment alone does not put a tutor in charge; the oath, alongside furnishing whatever security the law requires, completes the qualification the tutor must finish first.
The article adds one extra requirement for a natural tutor: the oath itself must list every parish where that tutor owns immovable property. This detail connects to how a natural tutor's security usually works. Rather than posting a bond, a natural tutor's protection for the minor often rests on a legal mortgage that attaches by law to the tutor's own real estate, recorded under Article 4134. The clerk and the court need to know exactly where that property sits to see the mortgage recorded everywhere it needs to reach, so the minor's protection is not confined to whichever parish happens to hold the tutorship proceeding.
Until this oath is taken, a tutor has not finished qualifying and cannot yet receive letters of tutorship under Article 4172, the document that formally evidences the tutor's authority to act.
Frequently Asked Questions
Do all tutors have to take an oath before acting for the minor?
Yes. Article 4171 requires every appointed tutor to take an oath to faithfully discharge the duties of the office before exercising any authority.
Why does a natural tutor's oath have to list the parishes where the tutor owns property?
Because a natural tutor's security often takes the form of a legal mortgage on the tutor's own immovable property, and the court needs the full list of parishes to see that mortgage recorded everywhere it applies, under Article 4134.
What happens if a tutor never takes the required oath?
The tutor has not completed qualification and cannot receive letters of tutorship under Article 4172 or act with authority on the minor's behalf.
Is taking the oath the same thing as furnishing security?
No. They are separate steps in the qualification process; Article 4172 treats furnishing security and taking the oath as two distinct requirements a tutor must satisfy before letters issue.
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: tutor's oath LouisianaArticle 4171 Louisianaoath of tutorship Louisiananatural tutor oath list of parishesqualifying as a tutor in Louisiana