The undertutor is relieved of further duty and authority as undertutor when the minor reaches majority or is fully emancipated. However, his liability for acts prior thereto shall not be affected.
Art. 4206.Termination of Duties
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 6. Undertutor · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4206 ends the undertutor's authority and further duty once the minor reaches the age of majority or becomes fully emancipated, but preserves the undertutor's liability for anything done, or left undone, while still in office.
Full Text of Art. 4206
Plain-English Summary
The undertutor's office exists only for the length of the minor's minority. Article 4206 marks its natural conclusion at either of two points: the minor reaching the age of majority, or the minor becoming fully emancipated beforehand, a status Title V of this Book addresses for judicial emancipation. Once either happens, the person the undertutor was appointed to help protect is legally capable of managing personal affairs, and the office built around that protection has nothing left to do.
Termination reaches only future duty and authority. Article 4206 is explicit that liability for acts before that point is not affected. An undertutor who overlooked an unrecorded mortgage, failed to compel an overdue accounting, or otherwise fell short of the duties in Articles 4202 through 4204 remains answerable for that conduct even after the minor's majority ends the office itself.
This survival-of-liability rule mirrors Article 4235's identical treatment of a tutor who has resigned or been removed. Across the tutorship scheme, leaving a fiduciary office in Louisiana, whether by its natural end or by resignation or removal, never erases responsibility for what happened while the office was held.
Frequently Asked Questions
When does an undertutor's authority end?
When the minor reaches the age of majority or becomes fully emancipated, whichever happens first.
What counts as full emancipation for this purpose?
The status Title V of this Book governs through judicial emancipation, which can end a minor's incapacity before majority is reached.
Is a former undertutor still liable for mistakes made while serving?
Yes. Article 4206 preserves liability for acts before termination even though the undertutor's authority and further duty end.
Does the undertutor's role end at the same time as the tutor's?
Generally yes, since both offices exist for the minor's minority and both lose their purpose once the minor reaches majority or full emancipation.
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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