Terms Used In Louisiana Revised Statutes 13:3440

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

A.  The curator shall file a petition setting forth the subject matter to be determined affecting the absent person‘s interest, with his recommendations and the reasons therefore, and with a written concurrence by the undercurator.  If the court approves the recommendation, it shall render a judgment of homologation.  The court may require evidence prior to approving the recommendations.  

B.  If the undercurator fails to concur in the curator’s recommendations, the curator shall proceed by contradictory motion against him.  After such hearing and presentation of evidence as the court may require, the court shall decide the issues summarily and render judgment.  

C.  The order of court may contain such conditions, restrictions, regulations, and requirements as the court may direct.  

D.  The order of court may contain a general grant of authority empowering the curator to act without further court approval in connection with a particular business or function under his administration, subject to such limitation as the court may direct and subject to such accounting as may be ordered in accordance with La. Rev. Stat. 13:3443.  

Acts 1990, No. 989, §4, eff. Jan. 1, 1991.