THE PROVISIONAL CUSTODY BY MANDATE IS UTILIZED UNDER A NUMBER OF CIRCUMSTANCES BY PARENTS. LET'S TAKE A LOOK...
The laws pertaining to provisional custody by mandate are contained in LRS 9: 951 et seq., and not in the Civil Code. What is provisional custody by mandate? A person having parental authority over a child may delegate the provisional custody of that child by written mandate to any natural person.
How long may this custody arrangement last, and how is it terminated? Article 952 advises:
"A. The mandate of provisional custody shall be effective for the term stipulated, but the stated term shall not exceed one year from the date of execution.
B. Regardless of the term stipulated, the mandate of provisional custody shall terminate:
(1) When revoked by any person having parental authority.
(2) When the mandatary resigns or otherwise renounces the mandate.
(3) Fifteen days after the death of any person having parental authority.
(4) Upon the qualification of a court appointed tutor or provisional tutor."
What are some of the powers given to the custodian? Article 953 tells us:
"A mandate of provisional custody of a child may provide for the health, education and welfare of the child, including the following:
(1) Consenting to and authorizing such medical care, treatment, or surgery as may be deemed necessary for the health, safety, and welfare of the child.
(2) Enrolling the child in such schools or educational institutions as may be necessary for his proper education.
(3) Disciplining the child in such reasonable manner as may be necessary for his proper rearing, supervision, and training.
(4) Doing and performing all other such acts as may be necessary for the shelter, support, and general welfare of the child."
Many notaries do not know that article 953 gives a form for use in provisional custody. Also, the articles which follow article 953 explain the rights of grandparents and certain others to also grant provisional custody of a minor, when they have custody.
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