The tutor shall have custody of and shall care for the person of the minor. He shall see that the minor is properly reared and educated in accordance with his station in life. The expenses for the support and education of the minor should not exceed the revenue from the minor's property. However, if the revenue is insufficient to support the minor properly or to procure him an education, with the approval of the court as provided in Article 4271, the tutor may expend the minor's capital for these purposes.
Art. 4261.Care of Person of Minor; Expenses
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 8. General Functions, Powers, and Duties of Tutor · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4261 gives the tutor custody of the minor's person and the duty to see the minor properly reared and educated, funds that upbringing from the minor's property revenue as a rule, and allows dipping into the minor's capital only with court approval when revenue falls short.
Full Text of Art. 4261
Plain-English Summary
Article 4261 addresses the tutor's personal duty toward the minor, distinct from the property-administration duty Article 4262 covers. The tutor has custody of the minor and is responsible for seeing that the minor is properly reared and educated in a manner consistent with the family's circumstances.
Financing that upbringing follows a revenue-first rule. Support and education expenses should not exceed the income the minor's own property generates, a limit that protects the underlying estate from being drawn down by ordinary living expenses.
When revenue is not enough, the tutor is not left with a choice between underfunding the minor's needs and quietly invading the estate. With court approval under Article 4271, the tutor may spend the minor's capital for support or education. The court-approval requirement keeps that decision from being made unilaterally, balancing the minor's present welfare against preserving the estate for the minor's future.
Frequently Asked Questions
Does the tutor have physical custody of the minor?
Yes. Article 4261 gives the tutor custody of and responsibility for the care of the minor's person.
How are a minor's living and education expenses supposed to be paid?
As a rule, from the revenue the minor's own property generates, not from the underlying capital.
Can a tutor use the minor's capital for support if income isn't enough?
Yes, but only with the court's approval under Article 4271, when the property's revenue is insufficient for the minor's support or education.
What does raising a minor according to their station in life mean here?
It refers to rearing and educating the minor in a manner consistent with the family's own economic and social circumstances.
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 custody of minor LouisianaArticle 4261 Louisianapaying for minor's support and educationusing minor's capital for expensestutor duty to care for the minor