Art. 4270.Procedure For Investing, Reinvesting, Or Withdrawing Funds; Checking Account On Behalf of Minor
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 8. General Functions, Powers, and Duties of Tutor · Last amended 1995 · Last verified July 30, 2026
In one sentenceArticle 4270 requires court approval under Article 4271 for every investment, reinvestment, or withdrawal of the minor's funds, but lets the court authorize a capped, disclosed checking account so the tutor can pay routine expenses without seeking approval for each transaction.
Full Text of Art. 4270
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A. An investment, reinvestment, or withdrawal of funds of a minor may be made only with the approval of the court after compliance with Article 4271.
B. Notwithstanding the provisions of Paragraph A, the court may authorize a tutor to open and maintain a checking account in the name of the "tutor on behalf of the minor" and to write checks on the account for necessary expenses of the minor without the necessity of obtaining prior approval from the court. However, such approval is necessary in order to transfer funds into the checking account, the total of which transfers shall not exceed five thousand dollars a year, except for good cause shown. All sums deposited into the checking account and all checks written on the account shall be reflected in the annual accounting in accordance with Article 4391 et seq.
C. The provisions of this Article do not create an affirmative duty on any financial institution to open, monitor, regulate, or close any account in the name of the tutor on behalf of the minor and any act by the tutor with respect to such account is a full release and discharge of the financial institution for any cause of action alleging a violation of a provision of this Chapter or any other duty of a tutor.
Amendment History
Acts 1995, No. 122, §1; Acts 1995, No. 1143, §1.
Plain-English Summary
Paragraph A sets the default rule: an investment, reinvestment, or withdrawal of the minor's funds requires prior court approval, obtained through the Article 4271 process. This article is the procedural companion to Article 4269's substantive investment standard; Article 4269 sets how a tutor should invest, and Article 4270 sets how the tutor gets permission to carry that investment out.
Paragraph B carves out day-to-day practicality. The court may authorize a checking account titled in the name of the tutor on behalf of the minor, letting the tutor write checks for the minor's necessary expenses without returning to court for each one. Moving money into that account still requires court approval, however, and the total of such transfers is capped at five thousand dollars a year absent good cause shown for more. Every deposit and every check written on the account must appear in the annual accounting required under Article 4391 and the articles that follow it, keeping the convenience transparent rather than unsupervised.
Paragraph C protects the bank holding the account. It imposes no affirmative duty on a financial institution to open, monitor, regulate, or close the account, and any act the tutor takes with respect to it fully releases the institution from a claim based on a violation of this chapter or any other tutor duty. The safeguard here runs through court approval and the annual accounting, not through the bank's independent oversight.
Frequently Asked Questions
Does every withdrawal of a minor's funds need court approval?
Yes, under Paragraph A, unless it falls within the checking-account exception Paragraph B creates for the minor's necessary expenses.
Can a tutor open a checking account for the minor's routine expenses?
Yes, with court authorization, titled as the tutor on behalf of the minor, allowing checks to be written without prior approval for each one.
Is there a limit on how much can go into that checking account each year?
Yes. Transfers into the account are capped at five thousand dollars a year, absent good cause shown for a larger amount.
Is a bank responsible for catching a tutor's misuse of the account?
No. Paragraph C creates no affirmative duty for the financial institution and releases it from liability for a tutor's violation of tutorship duties involving the account.
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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