Louisiana Notary

A Civil Law Tradition

Miscellaneous Acts

Miscellaneous Acts – Provisional custody by mandate

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Miscellaneous Acts – Provisional custody by mandate

§951. Provisional custody by mandate of persons having parental authority; delegation. A person having parental authority over a child may delegate the provisional custody of that child by written mandate to any natural person.

§961. Provisional custody by mandate of a natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody of a child; delegation. A natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody of a child after parental authority terminates, may delegate the provisional custody of that child by written mandate to any natural person subject to the same rules governing duration of the mandate and the authority and obligations of the mandatary as those governing the provisional custody of mandate of persons having parental authority.

§952. Duration of provisional custody; termination. A. The mandate of provisional custody shall be effective for the term stipulated, but the stated term shall not exceed one year from date of execution.

B. Regardless of the term stipulated, the mandate of provisional custody shall terminate:

(1) When revoked by any person having parental authority.

(2) When the mandatary resigns or otherwise renounces the mandate.

(3) Fifteen days after the death of any person having parental authority.

(4) Upon the qualification of a court appointed tutor or provisional tutor.

§953. Functions, power.s, and duties of agent. In addition to the general functions, powers, and duties accorded to tutors pursuant to Chapter 8 of Title VI of Book VII of the Code of Civil Procedure, except those that require.court approval, a mandate of child custody may provide for the health, education, and welfare of the child, which, if so indicated, may include the following:

(1) Consenting to and authorizing such medical care, treatment, or surgery as may be deemed necessary for the health, safety, and welfare of the child.

(2) Enrolling the child in such schools or educational institutions as may be deemed necessary for his due and proper education.

(3) Disciplining the child in such reasonable manner as may be necessary for his proper rearing, supervision, and training.

(4) Doing and performing all other such acts as may be necessary for the shelter, support, and general welfare of the child.

§954. Statutory form. The following is a suggested form that may be used by a person having parental authority to delegate the provisional custody of a named child.

Miscellaneous Acts – Protest

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Miscellaneous Acts – Protest

R.S. 35:287. Deputies. Every notary public in the Parish of Orleans may appoint one or more deputies to assist him in the making of protests and delivery of notices of protests of bills of exchange and promissory notes. Each notary shall be personally responsible for the acts of each deputy employed by him. Each deputy shall take an oath faithfully to perform his duties as such. The certificate of notice of protest shall state by whom made or served.

Miscellaneous Acts – Partition

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Miscellaneous Acts – Partition

Art. 807. Right to partition; exclusion by agreement. No one may be compelled to hold a thing in indivision with another unless the contrary has been provided by law or juridical act. Any co-owner has a right to demand partition of a thing held in indivision. Partition may be excluded by agreement for up to fifteen years, or for such other period as provided in R.S. 9:1702 or other specific law.

Art. 808. Partition excluded. Partition of a thing held in indivision is excluded when its use is indispensable for the enjoyment of another thing owned by one or more of the co-owners.

Miscellaneous Acts – Non-legal custodian’s affidavit

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Miscellaneous Acts – Non-legal custodian’s affidavit

RS. 9:975. Non-legal custodian; consent for certain services; affidavit, form A.(1) A non-legal custodian, who is not a foster parent caring for a child in the custody of the Office of Community Services, shall be authorized to give legal consent for a child in his custody to receive any medical or educational services for which parental consent is usually required by executing the affidavit described in Paragraph (B)(4) of this Section. The affidavit shall not be valid for more than one year after the date on which it is executed.

(2) The decision of a non-legal custodian to consent to or to refuse medical or educational services for a child in his custody shall be superseded by any contravening decision of a parent or a person having legal custody of the child, provided the decision of the legal custodian does not jeopardize the life, health, safety, or welfare of the child.

(3) Nothing in this Section shall apply to, or give authority for, an abortion as provided in R.S. 40:1299.35.5.

B.(1) No person who acts in good faith reliance on a non-legal custodian properly executed affidavit, having no actual knowledge of any facts contrary to those stated in the affidavit, shall be subject to civil liability or criminal prosecution, or to professional disciplinary procedure, for any action which would have been proper if the facts had been as he believed them to be. This Paragraph shall apply even if medical or educational services are rendered to a child in contravention of the wishes of the parent or legal custodian of that child. However, the person rendering the services must not have actual knowledge of the wishes of the parent or legal custodian.

(2) A person who relies on a properly executed affidavit has no obligation to make further inquiry or investigation. Nothing herein shall relieve any person of responsibility for violations of other provisions of law, rules, or regulations.

(3) If the child ceases to live with the non-legal custodian, the non-legal custodian shall notify all parties to whom he has transmitted the affidavit or to whom he has caused the affidavit to be transmitted.

(4) A non-legal custodian’s affidavit shall be invalid unless it substantially contains, in not less than ten-point boldface type, or a reasonable equivalent thereof, the warning· statement beginning with the word “warning” specified in this Paragraph. The warning statement shall be enclosed in a box with three-point rule lines. The non-legal custodian’s affidavit shall be in substantially the following form:

Miscellaneous Acts – Limited emancipation by authentic act

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Miscellaneous Acts – Limited emancipation by authentic act

Art. 368. Limited emancipation by authentic act. An authentic act of limited emancipation confers upon a minor age sixteen or older the capacity to make the kinds of juridical acts specified therein unless otherwise provided by law. The act shall be executed by the minor, and by the parents of the minor, if parental authority exists, or by the tutor of the minor, if parental authority does not exist. All other effects of minority shall continue.

Art. 2318. Acts of a minor. The father and the mother are responsible for the damage occasioned by their minor child who resides with them or who has been placed by them under the care of other persons, reserving to them recourse against those persons. However, the father and mother are not responsible for the damage. occasioned by their minor child who has been emancipated by marriage, by judgment of full emancipation, or by judgment of limited emancipation that expressly relieves the parents of liability for damages occasioned by their minor child. The same responsibility attaches to the tutors of minors.

Miscellaneous Acts – Designation of tutorship

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Miscellaneous Acts – Designation of tutorship

Art. 257. Surviving parent’s right of appointment. The right of appointing a tutor, whether a relation or a stranger, belongs exclusively to the father or mother dying last. The right of appointing a tutor, whether a relation or a stranger, also belongs to a parent who has been named the curator for the other living spouse, when that other living spouse has been interdicted, subject only to the right of the interdicted parent to claim the tutorship should his incapacity be removed by a judgment of a court of competent jurisdiction. This is called tutorship by will, because generally it is given by testament; but it may likewise be given by any declaration of the surviving father or mother, or the parent who is the curator of the other spouse, executed before a notary and two witnesses.

Art. 258. Right of appointment where parents are divorced or separated. If the parents are divorced or judicially separated, only the one to whom the court has entrusted the care and custody of the children has a right to appoint a tutor for them as provided in Article 257. However, if the parents have been awarded joint custody of the children, then the right to appoint a tutor for them belongs to the parent dying last, but either parent may appoint a tutor of the property of the children as provided in Article 257. In the event that both parents appoint a tutor of the property of the children, the tutors shall separately administer that portion of the children’s property which is attributable to the respective parent’s estate. The court shall decide which tutor shall administer that portion of the children’s property which is not attributable to either parent’s estate.

Art. 262. Appointment of several tutors; order of priority. If the parent who died last has appointed several tutors to the children, the person first mentioned shall be alone charged with the tutorship, and the second shall not be called to it, except in case of the death, absence, refusal, incapacity or displacing of the first, and in like manner as to the others in succession.

Miscellaneous Acts – Certified copy of lost original act

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Miscellaneous Acts – Certified copy of lost original act

R.S. 9:2758. Notarial certified copy of lost original. When the original title or record is no longer in being, a copy is good proof, and supplies ·the want of the original, when it is certified as being conformable to the record, by the notary who has received it, or by one of his successors, or by any other public officer, with whom the record was deposited and who had authority to give certified copies of it, provided the loss of the original be previously proved.

Miscellaneous Acts – Form: Certificate of true copy

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Miscellaneous Acts – Form: Certificate of true copy

C.C. Art. 1841. Copy of recorded writing. When an authentic act or an acknowledged act under private signature has been filed for registry with a public officer, a copy of the act thus filed, when certified by that officer, constitutes proof of the contents of the original.

Miscellaneous Acts – Certifies copy of original act by notary

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Miscellaneous Acts – Certifies copy of original act by notary

C.C. art. 1840. Copy of authentic act. When certified by the notary public or other officer before whom the act was passed, a copy of an authentic act constitutes proof of the contents of the original, unless the copy is proved to be incorrect.

Miscellaneous Acts – Filing of statement

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Miscellaneous Acts – Filing of statement

R.S. 9:4831. Filing; where and how made. A. The filing of a notice of contract, notice of termination, statement of a claim or privilege, or notice of lis pendens required or permitted to be filed under the provisions of this Part is accomplished when it is filed for registry with the recorder of mortgages of the parish in which the work is to be performed. The recorder of mortgages shall inscribe all such acts in the mortgage records.

B. For purposes of this Part, the recorder of mortgages includes the office of the clerk of court and ex officio recorder of mortgages.

C. Each filing made with the recorder of mortgages pursuant to this Part which contains a reference to immovable property shall contain a description of the property sufficient to clearly and permanently identify the property. A description which includes the lot and or square and or subdivision.or township and range shall meet the requirement of this Subsection. Naming the street or mailing address without more shall not be sufficient to meet the requirements of this Subsection.