What does a Provisional Custody by Mandate do?
If you’re a parent in Louisiana and need someone else to temporarily take care of your child—perhaps because you’re going on a long trip or facing a medical situation—you can use a Provisional Custody by Mandate. This is a legal document that lets you hand over the day-to-day responsibilities of your child to another adult you trust, without having to go through the courts.
Here’s how it works:
- Create a Document: Write down that you’re giving someone temporary custody of your child.
- Sign with Formalities: You, the person you’re giving custody to, a notary public, and two witnesses all need to sign the document to make it official.
- Specify Responsibilities: Clearly state what the person can do for your child, like:
- Approving medical treatments.
- Enrolling them in school.
- Providing daily care and discipline.
Important Things to Know:
- Time Limit: This arrangement can last up to one year but can be shorter if you decide.
- Ending the Arrangement: You can cancel it anytime. It also ends if the person taking care of your child steps down, if a court appoints a new guardian, or 15 days after a parent’s death.
- Parental Rights: You still keep your parental rights and responsibilities, like supporting your child financially. The person you appoint can’t stop you from visiting your child unless a court says so.
This setup is a straightforward way to ensure your child is cared for when you’re temporarily unable to do so, without needing to involve the court system.
In Louisiana, Provisional Custody by Mandate is a legal mechanism that allows a parent or legal guardian to temporarily delegate the care, custody, and control of a minor child to another adult without court involvement. This arrangement is particularly useful when parents anticipate being unable to care for their child for a specific period due to reasons such as illness, military deployment, or travel.
Framework
The authority for Provisional Custody by Mandate is established under Louisiana Revised Statutes § 9:951, which states:
“A person having parental authority over a child may delegate the provisional custody of that child by written mandate to any natural person.” Justia Law
Execution Requirements
To effectuate a Provisional Custody by Mandate, the following steps must be taken:
- Written Mandate: The parent or legal guardian (mandator) must execute a written document specifying the delegation of custody to the designated individual (mandatary).
- Notarization and Witnesses: The mandate must be signed in the presence of a notary public and two competent witnesses to ensure its validity.
- Scope of Authority: The mandate should clearly outline the powers granted to the mandatary, which may include:
- Consenting to and authorizing medical care or treatment for the child.
- Enrolling the child in educational institutions.
- Disciplining the child in a reasonable manner.
- Performing acts necessary for the child’s general welfare.
A suggested form for this mandate is provided in Louisiana Revised Statutes § 9:954. Louisiana Legislature
Duration and Termination
The Provisional Custody by Mandate is effective for the term specified within the document but cannot exceed one year from the date of execution. It may terminate earlier under the following conditions:
- Revocation: Either parent or the legal guardian can revoke the mandate at any time.
- Renunciation: The mandatary may resign from their duties.
- Death: The mandate terminates 15 days after the death of a parent or legal guardian.
- Court Appointment: The qualification of a court-appointed tutor for the child ends the mandate.
Implications
Executing a Provisional Custody by Mandate allows the designated individual to make decisions and take actions on behalf of the child as specified in the mandate. However, it does not affect the legal rights of the non-signing parent, and the parents retain their obligation to support the child. Additionally, the mandatary cannot prevent the parents from visiting the child unless a court order specifies otherwise. Louisiana DCFS
Note: This explanation is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult with a qualified attorney.
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