PETITION FOR APPOINTMENT OF GUARDIAN
(State of Louisiana – [PARISH] Probate Court)
[// GUIDANCE: This template is designed for use in Louisiana probate courts for either a minor or an incapacitated adult (“Proposed Ward”). Louisiana traditionally uses the terms “Tutorship” (minors) and “Interdiction/Curatorship” (adults). Confirm terminology and procedural rules with the clerk of the specific court before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue, and Standing
- Factual Allegations and Statutory Grounds
- Guardianship Standards Met
- Assets, Income, and Estate Description
- Bond and Liability Provisions
- Reporting & Accounting Obligations
- Injunctive / Protective Relief Requested
- Prayer for Relief
- Verification & Affidavit
- Signature Blocks
- Proposed Order (Exhibit A)
1. DOCUMENT HEADER
Court: The Probate Court of [PARISH], State of Louisiana
Docket: ____
Division: ______
Title: Petition for Appointment of [Guardian/Tutor/Curator] and for Related Relief
Filed By: [PETITIONER’S FULL LEGAL NAME], Petitioner
On Behalf Of: [PROPOSED WARD’S FULL LEGAL NAME], Proposed Ward
Effective Date: Upon entry of the Court’s Order
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:
“Annual Report” – The report a Guardian must file each year detailing the Ward’s personal status, financial activity, and compliance with Court orders.
“Bond” – The fiduciary bond required by Louisiana law and this Court to secure the faithful performance of Guardian’s duties.
“Court” – The Probate Court of [PARISH], State of Louisiana.
“Fiduciary Duty” – The highest standard of care imposed on the Guardian with respect to the Ward’s person and/or estate.
“Guardian” – The individual(s) or institution(s) sought to be appointed herein, inclusive of any successor or co-guardian duly approved by the Court.
“Liability Cap” – The monetary limit of personal liability for the Guardian, satisfied in whole or in part by the Bond, except for acts involving gross negligence, willful misconduct, or fraud.
“Proposed Ward” or “Ward” – [PROPOSED WARD’S FULL LEGAL NAME], the individual for whom guardianship is sought.
3. JURISDICTION, VENUE, AND STANDING
3.1 Petitioner is an adult resident of the Parish of [__], State of Louisiana, of full age and capacity, and has standing to bring this action pursuant to state guardianship laws.
3.2 The Proposed Ward is currently domiciled or resides in [__] Parish, Louisiana.
3.3 Venue is proper in this Court because the Proposed Ward (a) resides within the territorial jurisdiction of this Court and/or (b) owns property here subject to administration.
3.4 This Court possesses subject-matter jurisdiction over guardianship proceedings pursuant to state probate jurisdiction statutes.
4. FACTUAL ALLEGATIONS AND STATUTORY GROUNDS
4.1 Date of Birth & Identity. The Proposed Ward was born on [DATE] and is currently [AGE] years old.
4.2 Incapacity / Minority.
(a) Minor: The Proposed Ward is under the age of majority and currently lacks legal capacity.
(b) Adult: The Proposed Ward is incapacitated due to [DESCRIBE MEDICAL CONDITION OR DISABILITY], as evidenced by the attached medical affidavits (Exhibit B).
4.3 No Guardian Currently Appointed. To the best of Petitioner’s knowledge, no other person has been appointed guardian, tutor, curator, or conservator of the Proposed Ward’s person or estate.
4.4 Necessity. Appointment of a Guardian is necessary to ensure (i) proper care, custody, and control of the Ward, and (ii) prudent management of the Ward’s assets.
4.5 Proposed Guardian. Petitioner proposes that [FULL LEGAL NAME], whose address is [_____], be appointed Guardian.
4.6 Fitness. The proposed Guardian:
• is over the age of 18;
• has never been convicted of a felony involving moral turpitude;
• is of sound mind;
• has no adverse interest to the Ward; and
• is willing and able to discharge fiduciary duties.
[// GUIDANCE: Attach a completed criminal background check, credit report, and medical certificate as required by local rule.]
5. GUARDIANSHIP STANDARDS MET
5.1 Best Interest Standard. Appointment of the proposed Guardian is in the best interest of the Ward, taking into account health, safety, welfare, education, and financial well-being.
5.2 Least Restrictive Alternative. No less restrictive means are available or feasible to protect the Ward’s interests.
5.3 Scope Requested. Petitioner seeks (check one):
☐ Guardianship of the Person only
☐ Guardianship of the Estate only
☐ Guardianship of both Person and Estate
6. ASSETS, INCOME, AND ESTATE DESCRIPTION
6.1 Personal Property. Estimated value: $[__].
6.2 Real Property. Legal description and estimated value: [_].
6.3 Annual Income. Sources and amounts: [__].
6.4 Liabilities. Known debts and obligations: [_].
[// GUIDANCE: Attach an initial inventory (Exhibit C). If no assets exist, state “None.”]
7. BOND AND LIABILITY PROVISIONS
7.1 Bond Requirement. Petitioner requests that the Court set a Bond in the amount of $[_____], or such other amount as the Court deems just, conditioned upon faithful discharge of fiduciary duties.
7.2 Liability Cap. Consistent with Louisiana guardianship law, the Guardian’s personal liability shall be limited to the penal sum of the Bond except in cases of gross negligence, willful misconduct, or fraud.
7.3 Surety. The Bond will be issued by a surety authorized to transact business in Louisiana.
8. REPORTING & ACCOUNTING OBLIGATIONS
8.1 Initial Inventory. Guardian shall file an inventory of all assets within [30] days of qualification.
8.2 Annual Report. Guardian shall file an Annual Report on or before [DATE] of each calendar year, including:
(i) the Ward’s physical and mental condition;
(ii) all receipts, disbursements, and investment activity;
(iii) current asset values; and
(iv) any significant events affecting the Ward.
8.3 Final Accounting. Upon termination of guardianship, Guardian shall file a verified final accounting within [60] days.
9. INJUNCTIVE / PROTECTIVE RELIEF REQUESTED
9.1 Temporary Restraining Orders. Petitioner requests issuance of immediate protective orders prohibiting any third party from disposing of, encumbering, or otherwise interfering with the Ward’s assets pending qualification of the Guardian.
9.2 Access to Records. Petitioner requests authority for the Guardian to obtain the Ward’s medical, educational, and financial records without further order.
10. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully prays that this Court:
A. Issue an Order appointing [FULL LEGAL NAME] as Guardian of the [Person / Estate / Both] of [PROPOSED WARD’S NAME];
B. Set the required Bond in the penal sum of $[_____];
C. Grant the Guardian all powers and duties prescribed by law, subject to the reporting and accounting requirements set forth herein;
D. Issue any requested protective orders;
E. Tax all costs as the Court deems equitable; and
F. Grant such further relief as justice requires.
Respectfully submitted,
11. VERIFICATION & AFFIDAVIT
I, [PETITIONER’S NAME], being first duly sworn, do hereby depose and say: I am the Petitioner in the foregoing Petition, have read the same, know the contents thereof, and the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[PETITIONER’S NAME]
Subscribed and sworn before me on this ___ day of ____, 20__.
Notary Public
My commission expires: ____
12. SIGNATURE BLOCKS
Petitioner:
[PETITIONER’S NAME]
Address: ______
Telephone: _______
Attorney for Petitioner:
[ATTORNEY NAME] (Bar No. ____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
13. PROPOSED ORDER (EXHIBIT A)
[// GUIDANCE: Attach a stand-alone proposed order for the judge’s signature. Include appointment, bond amount, letters of guardianship issuance, reporting schedule, and any protective orders.]
END OF PETITION
[// GUIDANCE:
1. Double-check local rules for any mandatory forms or additional exhibits (e.g., Confidential Information Sheet, Notice of Rights).
2. Serve all “interested parties” as defined by Louisiana law (typically next of kin, current caregivers, governmental agencies).
3. Calendar all reporting deadlines immediately upon qualification to avoid contempt or removal.]