Continuing Tutorship

In Louisiana, Continuing Tutorship allows parents or guardians to maintain legal decision-making authority over a child with an intellectual or developmental disability after the child turns 18. Without it, your parental rights to make healthcare, financial, and legal decisions on their behalf end automatically when they reach adulthood.

The process can begin once the child turns 15 and must be completed before they turn 18. It requires a court petition, the written concurrence of the parish coroner, and supporting documentation—such as standardized testing showing the child has less than two-thirds of the intellectual or adaptive functioning of a person their age.

Full Continuing Tutorship

A full continuing tutorship gives the tutor the same authority as a standard tutorship, including the ability to consent to medical treatment, approve educational plans, access medical and educational records, and manage financial affairs on the individual’s behalf. This option is appropriate when the individual needs comprehensive support across all areas of decision-making.

Limited Continuing Tutorship

A limited continuing tutorship grants the tutor only the specific authority needed to protect the individual’s interests in identified areas. This allows the individual to retain decision-making rights in areas where they are capable, while still receiving support where they need it. It reflects Louisiana’s emphasis on the least restrictive approach to protecting individuals with disabilities.

Why Planning Early Matters

If a continuing tutorship is not in place before your child turns 18, pursuing legal authority afterward requires interdiction, a more complex, costly, and stressful court process. Starting early gives your family time to evaluate the right level of support, gather the necessary documentation, and secure a protective framework tailored to your child’s needs.

In Louisiana, Special Needs Trust (SNT) planning allows families to set aside funds for a loved one with disabilities without jeopardizing their eligibility for government benefits like Medicaid or SSI. These trusts are designed to pay for supplemental needs, such as therapy, transportation, or recreational activities, that improve quality of life but aren’t covered by public assistance.

Special Needs Trusts can be funded by family members (third-party SNT) or by the individual’s own assets (first-party SNT) and must follow specific legal rules to preserve benefits. A properly drafted SNT is managed by a trustee who controls distributions and ensures compliance with federal and Louisiana laws. This type of planning gives families peace of mind knowing their loved one will be cared for financially, without losing vital support services.

ABLE (Achieving a Better Life Experience) Accounts allow individuals with disabilities to save for qualified expenses - like housing, education, transportation, and healthcare - without losing eligibility for government benefits like Medicaid or SSI. Withdrawals for qualified disability expenses are tax-free.

To qualify, the individual’s disability must have begun before age 46, and they must meet Social Security’s disability criteria. A licensed physician can provide certification if the individual has not received SSI or SSDI.

Recent federal legislation has strengthened ABLE accounts significantly. The annual contribution limit is now $20,000. The ABLE-to-Work provision, allowing employed account holders to contribute beyond the standard limit, is now permanent, as are 529-to-ABLE rollovers and eligibility for the federal Saver’s Credit.

Up to $100,000 in ABLE savings is excluded from SSI’s resource limit, and ABLE balances are disregarded for Medicaid, SNAP, FAFSA, and HUD purposes. These accounts are a powerful tool for promoting financial independence and long-term security for individuals with disabilities.