How Do I Name a Guardian for My Minor Children in Louisiana?

See how a parent names a guardian for their minor children in Louisiana, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Louisiana, a parent names a guardian for a minor child in a will or a separate signed writing (La. Civ. Code arts. 257–258; La. Code Civ. Proc. arts. 4061–4067, 4231). It needs your signature, 2 witnesses and a notary. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless it finds that person unsuitable (La. Civ. Code arts. 257–258; La. Code Civ. Proc. arts. 4061–4067, 4231).

Yes. Louisiana recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Louisiana allows a Provisional Custody by Mandate (La. R.S. 9:951–954): any adult can be authorized for a limited time (up to 1 year) without transferring custody.

In Louisiana, a child's own preference carries no statutory weight (La. Civ. Code arts. 246–289 (no enumerated minor-preference provision located)).

Louisiana sets out specific statutory bars to serving as a minor's guardian, and the court can also decline anyone it finds unsuitable. (La. Code Civ. Proc. art. 4231 (reached via art. 4067))

Louisiana Estate Planning Resources

In-depth guides covering Louisiana probate laws, trust requirements, and estate planning strategies.