Art. 4236.Undertutor, Grounds For Disqualification, Revocation, Or Removal

Rather than write a separate set of standards for the undertutor's office, Article 4236 imports the ones already built for the tutor. The disqualification grounds of Article 4231, the revocation-for-failure-to-qualify rule of Article 4232, and the removal grounds of Article 4234 all apply to an undertutor too, holding both officers of a tutorship to comparable standards of fitness.

One ground does not carry over. Indebtedness to the minor disqualifies a tutor because a tutor who owes the minor money would be in a position to control the minor's property and effectively decide the fate of that debt. An undertutor never administers the minor's property directly, so that particular conflict does not arise, and Article 4236 excludes it from the grounds that apply to the undertutor's office.

The undertutor's own resignation rule is more forgiving than the tutor's version in Article 4233. An undertutor may resign at any time with the court's approval, without needing to point to one of Article 4233's specific grounds. But the underlying protective principle survives: the resignation is not effective until a successor has been appointed and has qualified, so the minor is never left without an undertutor watching over the tutorship.