Art. 4266.Continuation of Business
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 8. General Functions, Powers, and Duties of Tutor · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 4266
Plain-English Summary
A minor sometimes inherits, or otherwise comes to own, an interest in an operating business. Rather than force an immediate sale or wind-down, Article 4266 lets the court authorize the tutor to keep it running, so long as continuing the business appears to be in the minor's best interest.
That authorization runs through the same gateway as the rest of this chapter's significant financial decisions: compliance with Article 4271's petition process, including the undertutor's concurrence or, absent it, a contradictory hearing. The undertutor's role in weighing in on whether the business should continue mirrors the undertutor's function throughout the tutorship.
Once authorized, the court is not limited to a bare yes-or-no decision. The order continuing the business may include whatever conditions, restrictions, regulations, and requirements the court directs, giving the court ongoing control over how the tutor runs the business rather than a one-time approval that leaves the tutor unsupervised afterward.
Frequently Asked Questions
Can a tutor keep running a business the minor inherited an interest in?
Yes, with court authorization under Article 4266, when continuing the business appears to be in the minor's best interest.
What has to happen before a tutor can continue operating the minor's business?
Compliance with Article 4271's approval procedure, which requires the undertutor's concurrence or a contradictory hearing if the undertutor disagrees.
Does the court keep supervising the business after authorizing continuation?
Yes. The court's order may impose conditions, restrictions, regulations, and requirements it directs, not just a one-time approval.
Does the undertutor have input on whether to continue a business?
Yes, through the concurrence process built into Article 4271.