A tutor other than a parent of the minor may resign when authorized by the court under Article 4271:
Art. 4233.Resignation of Tutor
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 7. Disqualification, Revocation of Appointment, Resignation, and Removal · Last amended 1974 · Last verified July 30, 2026
In one sentenceArticle 4233 allows a tutor other than a parent to resign with court authorization for enumerated reasons, such as reaching seventy or a disqualifying infirmity, but the resignation only takes effect once a successor tutor is appointed and the resigning tutor's final account is filed and homologated.
Full Text of Art. 4233
(1) If subsequent to his appointment as tutor he has been invested with an office or engaged in a service or occupation which excuses him from the obligation of serving as tutor;
(2) If he has reached the age of seventy years;
(3) If because of infirmity he has become incapable of discharging the duties of his office; or
(4) For any other reason which the court in its discretion may deem sufficient.
The resignation by a tutor shall become effective when a successor is appointed, as provided in Article 4237, and when his final account has been filed and homologated.
Amendment History
Amended by Acts 1974, No. 163, §1.
Plain-English Summary
Resignation is available to a tutor other than a parent, and only with the court's authorization under the Article 4271 approval process. Four grounds qualify: taking on an office, service, or occupation that excuses the tutor from continuing to serve; reaching the age of seventy; an infirmity that has made the tutor incapable of discharging the duties of the office; or any other reason the court, in its discretion, deems sufficient. That last ground gives the court latitude beyond the first three specific circumstances.
Resignation does not end the office the moment the court approves it. Article 4233 delays the effective date until two further things happen: a successor tutor is appointed under Article 4237, and the resigning tutor's final account is filed and homologated. The minor's affairs cannot be left without an active tutor, and the outgoing tutor's own administration needs to be closed out and approved before that tutor can walk away.
Once resignation becomes effective, Article 4235 governs what follows: the former tutor loses all further authority, but liability for anything that happened while in office remains intact.
Frequently Asked Questions
Can a tutor resign whenever they want?
Not freely. A tutor other than a parent may resign only for one of the reasons Article 4233 lists, or another reason the court finds sufficient, and only with court authorization.
What are the accepted grounds for a tutor's resignation?
Taking on a new office or occupation that excuses continued service, reaching age seventy, an infirmity preventing the tutor from performing the duties, or any other reason the court deems sufficient.
When does a tutor's resignation take effect?
Only once a successor tutor has been appointed under Article 4237 and the resigning tutor's final account has been filed and homologated.
Does a parent serving as natural tutor have the same resignation right?
No. Article 4233 applies to a tutor other than a parent of the minor.
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 resignation LouisianaArticle 4233 Louisianahow does a tutor resign in Louisianaresignation grounds for tutorfinal account before tutor resignation effective