CCP 4561

282 words·~1 min read·/la/4561

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CCP 4561

CHAPTER 2. CURATORS AND UNDERCURATORS

Art. 4561. Appointment of curator

A. The court shall appoint as curator the qualified person who is best able to fulfill the duties of his office.

B.(1) The following persons are not qualified to serve as a curator of an interdict:

(a)A person under eighteen years of age.

(b)An interdicted person.

(c)A nonresident of the state without a resident agent for service of process.

(2)Except for good cause shown, the following persons are not qualified to serve as a curator of an interdict:

(a)A convicted felon.

(b)A person indebted to the interdict at the time of appointment.

(c)An adverse party in a lawsuit pending against the interdict at the time of appointment.

(d)An owner, operator, or employee of long-term care institutions where the interdict is receiving care, unless he is related to the interdict.

C.(1) The court shall consider the qualified persons in the following order of preference:

(a)A person designated by the defendant in a writing signed by him while he had sufficient ability to communicate a reasoned preference.

(b)The spouse of the defendant.

(c)An adult child of the defendant.

(d)A parent of the defendant.

(e)An individual with whom the defendant has resided for more than six months prior to the filing of the petition.

(f)Any other person.

(2)The court may appoint separate curators for the person and affairs of the interdict pursuant to Article 4069.

D. At any time prior to qualification, the court may revoke the appointment for good cause and appoint another qualified person.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.