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
Full Text of Art. 4565
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.