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Art. 4273.Appointment of Agent

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 4273 requires a nonresident tutor, or one about to leave Louisiana permanently, to appoint a resident agent by power of attorney to receive service of process and, optionally, to represent the tutor in tutorship matters, while allowing a temporarily absent resident tutor to appoint such an agent voluntarily.

Full Text of Art. 4273

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A tutor who is a nonresident, or who is about to leave the state permanently, shall execute a power of attorney appointing a resident of this state to receive service of process in any action brought against him in his capacity as tutor; and may authorize this agent to represent him in all matters relating to the tutorship. A tutor who is domiciled in the state and who will be absent temporarily therefrom may similarly appoint such an agent for either or both of these purposes. In all cases, the power of attorney shall be filed in the tutorship proceeding.

Amendment History

Amended by Acts 1964, No. 4, §1.

Plain-English Summary

Article 4273 addresses what happens when the person responsible for a minor's affairs is not reachable within the state. A tutor who is a nonresident, or who is about to leave the state permanently, must execute a power of attorney appointing a resident of Louisiana to receive service of process in any action brought against the tutor in that capacity, and may also authorize that agent to represent the tutor in tutorship matters more broadly, not merely to receive papers.

The rule is more flexible for a tutor who remains domiciled in Louisiana but is only temporarily away. That tutor may make the same kind of appointment voluntarily, for either or both purposes, without the mandatory obligation that applies to a nonresident or a tutor permanently departing the state.

The power of attorney has to be filed in the tutorship proceeding itself, keeping it part of the court record rather than a private arrangement outside the case. Failing to comply when the appointment is mandatory is itself a ground for removal under Article 4234, underscoring how seriously the Code treats keeping an open channel for reaching the tutor.

Frequently Asked Questions

Does a tutor who moves out of state have to appoint an agent in Louisiana?

Yes. A nonresident tutor, or one about to leave the state permanently, must execute a power of attorney appointing a resident agent for service of process.

What can the appointed agent do besides accept service of process?

The tutor may also authorize the agent to represent the tutor in all matters relating to the tutorship.

Is a temporarily absent tutor required to appoint an agent?

No. A resident tutor who is only temporarily absent may appoint an agent voluntarily, but Article 4273 does not require it.

What happens if a nonresident tutor doesn't appoint the required agent?

That failure is a ground for removal under Article 4234.

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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