Two different sets of parents talked to me today about naming guardians for their minor children. This is one of the wisest things parents can do - you never know when the unforeseen might happen and a judge must select the back-up parents for your minor children.
Both sets of parents wanted to name two co-guardians. By the way, in Louisiana the guardian is called a "tutor," but I like to use guardian because that is a more common term. I had to tell these parents that Louisiana law provides that there can only be one guardian. Any others named would serve as an alternate or back-up.
Specifically, Louisiana law provides that if several tutors are appointed, "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..."
Be careful when naming your tutor in your Last Will and Testament. It just might be the most important decision you ever make. Make sure your wishes are properly documented.
If you have a question about naming guardians for your minor children in Louisiana, feel free to e-mail me at paul@rabalaislaw.com. Make sure you put in the Subject line of your e-mail, "Tutorship Question," and I'll give it special attention. Thanks.
Paul Rabalais
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