Louisiana Revised Statutes 9:3851 – A. When a principal is a natural person for whom a curator with appropriate authority has not qualified, any of the following persons may petition a court on behalf of the principal
Terms Used In Louisiana Revised Statutes 9:3851
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Inter vivos: Transfer of property from one living person to another living person.
- Legatee: A beneficiary of a decedent
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Trustee: A person or institution holding and administering property in trust.
A. When a principal is a natural person for whom a curator with appropriate authority has not qualified, any of the following persons may petition a court on behalf of the principal to review the acts of the principal’s mandatary and to grant relief authorized by this Chapter:
(1) A person authorized to make healthcare decisions for the principal.
(2) A spouse, a parent, or a descendant of the principal.
(3) A presumptive heir or legatee of the principal.
(4) A person named as a beneficiary to receive any real or personal right upon the death of the principal.
(5) A trustee or beneficiary of an inter vivos or testamentary trust created by or for the principal.
(6) A caregiver of the principal.
(7) Any other person with sufficient interest in the welfare of the principal.
B. The petition shall be verified and shall name as defendants the principal, the mandatary, and any other person against whom relief is sought. The petition shall state with particularity the facts establishing the petitioner’s right to bring the action, the reasons that a review of the acts of the mandatary is needed, and the relief sought.
C. The principal shall be personally served with the citation and petition. Service on the principal through a mandatary shall not be effective.
D. The action shall be filed in the parish where the principal is domiciled, where the principal resides if without a domicile in this state, or where the principal is physically present or where immovable property of the principal is located if the principal is without either a domicile or a residence in this state.
E. On motion of any interested person or on its own motion, the court may review the acts of a mandatary and for good cause, grant any relief provided in La. Rev. Stat. 9:3854 or Code of Civil Procedure Article 3605. Good cause shall include but not be limited to a violation of Civil Code Article 2995.
Acts 2014, No. 356, §1; Acts 2016, No. 110, §3, eff. May 19, 2016.