When it appears to the best interest of the minor, and after compliance with Article 4271, the court may authorize a tutor to borrow money for the purpose of preserving or administering the property, of paying debts, for expenditures in the regular course of a business conducted in accordance with Article 4266, or for the care, maintenance, training, or education of the minor. As security for such a loan, the court may authorize the tutor to mortgage or pledge property of the minor upon such terms and conditions as it may direct. Before authorizing a loan, the court may require the tutor to furnish additional security in an amount fixed by the court.
Art. 4267.Loans to Tutor For Specific Purposes; Authority to Mortgage and Pledge Minor's Property
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 4267 lets the court, after compliance with Article 4271, authorize a tutor to borrow money on the minor's behalf for preserving the property, paying debts, funding an authorized business, or supporting and educating the minor, securing the loan with a court-approved mortgage or pledge of the minor's property.
Full Text of Art. 4267
Plain-English Summary
Article 4267 does not give a tutor free rein to borrow against the minor's estate. Authorized purposes are limited to four categories: preserving or administering the minor's property, paying debts, funding expenditures in a business continued under Article 4266, or covering the minor's care, maintenance, training, or education. Each purpose ties borrowing authority back to the same protective goals underlying Articles 4261 and 4262.
To secure such a loan, the court may authorize the tutor to mortgage or pledge property of the minor, on terms and conditions the court directs, meaning the minor's own estate can back the debt the tutor incurs.
Before authorizing the loan, the court may require the tutor to furnish additional security in an amount the court fixes, layering a further protective step on top of the underlying Article 4271 approval. Committing the minor's property as collateral raises the stakes if borrowed funds are mismanaged, and this additional security requirement offers the court a way to address that risk before the loan goes forward.
Frequently Asked Questions
Can a tutor borrow money using the minor's property as collateral?
Yes, with court authorization, and the court may allow the loan to be secured by a mortgage or pledge of the minor's property.
What purposes justify a court-authorized loan against a minor's property?
Preserving or administering the property, paying debts, funding a business continued under Article 4266, or covering the minor's care, maintenance, training, or education.
Can the court require extra security before authorizing a loan?
Yes. The court may require the tutor to furnish additional security in an amount it fixes before authorizing the loan.
Does this connect to the tutor's authority to continue a business?
Yes. One authorized purpose for borrowing is funding expenditures in a business the tutor has been authorized to continue under Article 4266.
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
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