With the approval of the court as provided in Article 4271, a tutor may compromise an action or right of action by or against the minor, or extend, renew, or in any manner modify the terms of an obligation owed by or to the minor.
Art. 4265.Compromise and Modification of Obligations
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 4265 allows a tutor, with court approval under Article 4271, to settle a claim by or against the minor or to extend, renew, or otherwise modify the terms of an obligation owed by or to the minor.
Full Text of Art. 4265
Plain-English Summary
Article 4265 gives the tutor authority to settle litigation, but only under court supervision. A tutor may compromise an action or right of action by or against the minor, resolving a dispute short of trial, but only through the Article 4271 approval process, which requires the undertutor's written concurrence before the court signs off.
The same approval requirement covers a second kind of action: extending, renewing, or otherwise modifying the terms of an obligation owed by or to the minor. This lets a tutor restructure an existing debt, such as pushing back a payment deadline or renewing a note, without treating that restructuring as an automatic power exercised free of oversight.
Both powers touch value that belongs to the minor and can permanently give some of it up in exchange for resolving a dispute or adjusting a debt's terms. Routing both through the same court-approval gate that governs the chapter's other significant financial actions keeps that trade-off subject to independent review before it becomes final.
Frequently Asked Questions
Can a tutor settle a lawsuit involving the minor without court approval?
No. Article 4265 requires court approval under Article 4271 before a tutor may compromise an action or right of action involving the minor.
What kinds of obligations can a tutor modify on the minor's behalf?
Any obligation owed by or to the minor, which the tutor may extend, renew, or otherwise modify with court approval.
Does the undertutor have to weigh in on a proposed settlement?
Yes, since the Article 4271 approval process requires the undertutor's written concurrence, or a contradictory hearing if the undertutor disagrees.
What's the process for getting court approval to compromise a claim?
The petition procedure set out in Article 4271, including the undertutor's concurrence and, if needed, an evidentiary hearing.
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 settling a claim for the minor LouisianaArticle 4265 Louisianacompromise obligation on behalf of minormodifying a debt owed to a minorcourt approval to settle minor's claim