A tutor who has resigned or has been removed shall have no further authority as such, and no further duty except as provided by Article 4392. However, his liability for acts prior to his resignation or removal shall not be affected thereby.
Art. 4235.Authority and Liability of Tutor After Resignation Or Removal
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 7. Disqualification, Revocation of Appointment, Resignation, and Removal · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4235 cuts off a resigned or removed tutor's further authority and duties, apart from the final-accounting obligation under Article 4392, while leaving that former tutor fully liable for anything done, or not done, before leaving office.
Full Text of Art. 4235
Plain-English Summary
Once resignation or removal takes hold, Article 4235 draws a bright line: the tutor has no further authority to act for the minor. That matters to third parties, since anyone dealing with a person who has already resigned or been removed needs to know that person no longer speaks for the minor.
One obligation survives the office itself. Article 4235 preserves the duty set out in Article 4392, the final account, because someone has to close out the tutorship's administration even after the person who ran it has left. Apart from that, the former tutor has no further duty.
Liability is a separate matter from authority and duty, and it does not disappear along with either. Anything mismanaged, any obligation breached, or any damage caused while the tutor still held office remains actionable afterward. Resignation or removal is not a shield against past conduct. Article 4206 applies the identical rule to an undertutor whose duties have terminated.
Frequently Asked Questions
Can a tutor keep acting for the minor after resigning or being removed?
No. Article 4235 ends the tutor's further authority the moment resignation or removal takes effect.
What obligation survives a tutor's resignation or removal?
The duty to file the final account under Article 4392, which continues even after the tutor's other authority and duties end.
Is a former tutor still liable for things that happened while in office?
Yes. Article 4235 expressly preserves liability for acts before the resignation or removal.
Does this rule apply the same way to resignation as to removal?
Yes. Article 4235 treats a resigned tutor and a removed tutor the same way for purposes of ending authority and preserving liability.
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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