Art. 4204.Security of Tutor, Undertutor's Duty Regarding Sufficiency

Chapter 4 of this Title requires most tutors to post security protecting the minor against loss from mismanagement, whether through a bond, a natural tutor's legal mortgage, or a special mortgage substituted for a bond. Article 4204 makes the undertutor a continuing monitor of that security rather than someone who checks it once at the start of the tutorship and moves on.

Three distinct duties follow. First, the undertutor must see that a natural tutor's legal mortgage gets recorded as Article 4134 requires, since a mortgage that exists on paper but never reaches the public records does the minor no practical good. Second, when a tutor offers a special mortgage instead of a bond, the undertutor has to confirm the property carries valid, merchantable title and a value at least equal to the required security, and must oppose the substitution in court if either falls short. Third, the undertutor has to watch for erosion over time and apply to the court for additional security whenever the existing security becomes insufficient for any reason, whether a decline in property value or some other cause.

None of this is passive. An undertutor who overlooks an unrecorded mortgage, accepts an overvalued special mortgage without objection, or ignores security that has become inadequate has failed a duty the law assigns directly to the office, and can face disqualification or removal under Article 4236 as a result.