The tutor shall take possession of, preserve, and administer the minor's property. He shall enforce all obligations in favor of the minor and shall represent him in all civil matters. He shall act at all times as a prudent administrator, and shall be personally responsible for all damages resulting from his failure so to act. Natural cotutors shall be bound in solido except as to damages arising from the administration of all or a part of the minor's property by one of the cotutors individually pursuant to an order of the court or an agreement between the cotutors approved by the court.
Art. 4262.Administration of Minor's Property
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 8. General Functions, Powers, and Duties of Tutor · Last amended 1983 · Last verified July 30, 2026
In one sentenceArticle 4262 charges the tutor with taking possession of, preserving, and administering the minor's property as a prudent administrator, enforcing the minor's rights and representing the minor in civil matters, and holds cotutor parents solidarily liable for mismanagement except where they've divided the administration under a court-approved arrangement.
Full Text of Art. 4262
Amendment History
Amended by Acts 1981, No. 283, §2; Acts 1982, No. 307, §2, eff. 1/1/1983.
Plain-English Summary
Article 4262 is the property-management counterpart to Article 4261's personal-care duty. The tutor must take possession of, preserve, and administer the minor's property, enforce every obligation owed to the minor, and represent the minor in civil matters generally, standing in as the minor's full legal representative for these purposes.
The governing standard is that of a prudent administrator, and the tutor is personally responsible for damages resulting from a failure to meet it. This general fiduciary standard sits alongside the more detailed prudent-investor language Article 4269 supplies specifically for investment decisions.
When both parents serve as natural cotutors, Article 4262 binds them in solido, meaning each is fully responsible for the administration, not just for a proportional share. That default discourages either parent from disclaiming responsibility for the other's mistakes. The exception applies when the parents have divided the administration of all or part of the property between themselves, either by a court order or by an agreement the court has approved; in that case, each cotutor answers only for damages arising from the portion that cotutor individually administered.
Frequently Asked Questions
What is a tutor's standard of care in managing a minor's property?
The prudent administrator standard, with personal liability for damages resulting from a failure to meet it.
Are both parents liable if they serve as cotutors and one mismanages the property?
Generally yes, since natural cotutors are bound in solido, unless they have divided the administration under a court order or a court-approved agreement.
Can cotutor parents divide up management responsibilities?
Yes, with a court order or a court-approved agreement, after which each cotutor is responsible only for damages from the portion individually administered.
What civil matters can the tutor represent the minor in?
Article 4262 authorizes the tutor to represent the minor in civil matters generally, alongside enforcing obligations owed to 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: prudent administrator tutor LouisianaArticle 4262 Louisianacotutor liability in solido Louisianaadministration of minor's propertytutor personal liability for mismanagement