The tutor acts in his own name as tutor, and without the concurrence of the minor. The tutor may act through a mandatary or attorney in fact outside of the parish of his residence or as provided in Article 4273. In the performance of his duties, the tutor may exercise all procedural rights available to a litigant.
Art. 4264.Tutor's Administration In His Own Name; Procedural Rights
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 8. General Functions, Powers, and Duties of Tutor · Last amended 1964 · Last verified July 30, 2026
In one sentenceArticle 4264 lets the tutor act and litigate in his own name as tutor without needing the minor's participation, exercise every procedural right available to any litigant, and act through a mandatary or attorney in fact when operating outside the tutor's home parish or under Article 4273.
Full Text of Art. 4264
Amendment History
Amended by Acts 1964, No. 4, §1.
Plain-English Summary
Article 4264 defines the capacity in which a tutor acts. The tutor acts in the tutor's own name, as tutor, without needing the minor's concurrence. The minor does not have to join or personally consent to the tutor's decisions within the scope of the office, since the tutor already stands as the minor's full legal representative for these purposes.
That representative role carries full procedural standing. In administering the minor's affairs, the tutor may exercise every procedural right available to any litigant, including filing suit, defending one, raising exceptions, and pursuing an appeal, reinforcing Article 4262's grant of authority to represent the minor in civil matters generally.
The tutor is not required to act everywhere in person. Outside the parish where the tutor resides, the tutor may act through a mandatary or attorney in fact, and Article 4273 supplies the specific mechanism for a nonresident or temporarily absent tutor to appoint an agent for service of process and for broader representation in the tutorship.
Frequently Asked Questions
Does the minor need to personally participate in litigation the tutor brings?
No. The tutor acts in the tutor's own name as tutor, without the concurrence of the minor.
What procedural rights does a tutor have in representing the minor?
Every procedural right available to any litigant, in the course of performing the tutor's duties.
Can a tutor use an agent to act outside their home parish?
Yes, through a mandatary or attorney in fact, or through the agent-appointment mechanism Article 4273 provides.
How does this article relate to Article 4273's agent-appointment rule?
Article 4264 permits acting through a mandatary or attorney in fact generally, while Article 4273 sets out the specific procedure for a nonresident or absent tutor to appoint such an agent.
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 acting in own name LouisianaArticle 4264 Louisianatutor's procedural rights as litigantmandatary or attorney in fact for tutortutor represents minor in lawsuit