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Art. 4565.Undercurators

Book VII. Special Proceedings · Title VIII. Interdiction and Curatorship of Interdicts · Chapter 2. Curators and Undercurators · Last amended 2016 · Last verified July 30, 2026

In one sentenceArticle 4565 requires appointment of an undercurator who qualifies by oath, and lists the undercurator's duties: watching for a curator's failure to qualify or perform, accessing the interdict and relevant records, reviewing accounts and reports, approving certain transactions, and moving to replace a curator who becomes disqualified or violates Article 4566.

Full Text of Art. 4565

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A.
(1) The court shall appoint as undercurator the qualified person best able to fulfill the duties of his office. The person appointed as undercurator qualifies by taking an oath to discharge faithfully the duties of his office.
(2) At any time prior to qualification, the court may revoke the appointment for good cause and appoint another qualified person.
(3) If a person fails to qualify within ten days from his appointment or within the period specified by the court, the court on its own motion or on motion of any interested person, may revoke the appointment and appoint another qualified person. The delay allowed for qualification may be extended by the court for good cause.
B. The undercurator shall:
(1) Notify the court when the curator has failed to qualify timely for office.
(2) Have free access to the interdict and to all records relating to the interdict relevant to his office.
(3) Review all accounts and personal reports filed by the curator.
(4) Notify the court when he has reason to believe that the curator has failed to perform any duties imposed by law, including the duties to file necessary accounts and personal reports, and to maintain adequate security.
(5) Approve or disapprove any transactions that require his concurrence.
(6) Move to appoint a successor for a curator who becomes disqualified or whose office terminates.
(7) Move to appoint a successor for a curator who violates any of the provisions of Article 4566.
C. The undercurator shall have no duties, either express or implied, other than those set forth in this Article and in Civil Code Article 393.

Amendment History

Amended by Acts 2016, No. 110, §2, eff. 5/19/2016. Acts 2000, 1st Ex. Sess., No. 25, §3, eff. 7/1/2001.

Plain-English Summary

The undercurator is curatorship's version of an undertutor -- a second official the court appoints specifically to watch over the curator's own conduct, distinct from the interdict's own representative. It is the same distinctive civil-law safeguard Title VI already established for tutorship, carried over to adult interdiction: someone whose entire role is oversight, not management of the interdict's affairs directly.

Like the curator, the person appointed undercurator qualifies by taking an oath, and the court can revoke and replace an appointment for good cause before qualification, or if the appointee fails to qualify within ten days -- or another court-set period, extendable for good cause -- the same way it can for a curator who misses the deadline.

Article 4565's duty list defines the job. The undercurator notifies the court if the curator fails to qualify timely; has free access to the interdict and to all records relevant to the office; reviews every account and personal report the curator files; notifies the court if the undercurator has reason to believe the curator failed to perform a legal duty, including filing necessary accounts or reports or maintaining adequate security; approves or disapproves transactions that require the undercurator's concurrence; and moves to have a successor appointed if the curator becomes disqualified, if the curator's office otherwise terminates, or if the curator violates any provision of Article 4566, which governs how a curator manages the interdict's affairs.

Article 4565 also draws a boundary around that role: the undercurator has no duties, express or implied, beyond what this Article and Civil Code Article 393 establish, keeping the watchdog function defined rather than open-ended.

Frequently Asked Questions

What is an undercurator in Louisiana interdiction law?

The adult-incapacity counterpart to an undertutor -- a separate court-appointed official whose job is to monitor the curator's conduct, not to manage the interdict's affairs directly.

Does the undercurator manage the interdict's property directly?

No. That responsibility belongs to the curator; the undercurator reviews accounts and reports, approves certain transactions, and flags problems to the court.

Can the undercurator ask the court to replace the curator?

Yes, if the curator becomes disqualified, the curator's office terminates, or the curator violates the management duties set out in Article 4566.

Does the undercurator have unlimited duties toward the interdict?

No. The undercurator's duties are confined to what Article 4565 and Civil Code Article 393 specify.

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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