CHAPTER 7.  DISQUALIFICATION, REVOCATION OF

APPOINTMENT, RESIGNATION, AND REMOVAL

Art. 4231.  Disqualification of tutor

A.  No person may be appointed tutor who is:

(1)  Under eighteen years of age;

(2)  Interdicted, or who, on contradictory hearing, is proved to be mentally incompetent;

(3)  A convicted felon, under the laws of the United States or of any state or territory thereof;

(4)  Indebted to the minor, unless he discharges the debt prior to the appointment;

(5)  An adverse party to a suit to which the minor is a party; or

(6)  A person who, on contradictory hearing, is proved to be incapable of performing the duties of the office, or to be otherwise unfit for appointment because of his physical or mental condition or bad moral character.

B.  Except as provided in Paragraph C of this Article, the provisions of Subparagraphs (1), (3), (4), and (5) of Paragraph A do not apply to the parent of the minor.

C.  The provisions of Paragraph B of this Article shall not apply to a natural parent of the minor who is convicted of a felony involving theft of funds or misappropriation of funds, a crime of violence as defined in R.S. 14:2(B), a sex offense as defined in R.S. 15:542 or R.S. 46:1844, or any other crime against an individual under the age of eighteen years.

Amended by Acts 1974, No. 573, §1; Acts 2001, No. 741, §1.