Legal Question in Personal Injury in Louisiana

Insurance settlement for minor child

Personal injury case involving minor. Case was mediated and I am told that the insurance settlement becomes property of the court and that in the state of LA this is required. Also I am told that because child is a minor any withdrawals must be petitioned through the court. Have not signed any settlement agreements yet, nor gone before judge to accept settlement. As parent of minor, do I have a say in how this annuity is distributed?

Asked on 12/13/97, 9:41 pm

1 Answer from Attorneys

John Pucheu Pucheu, Pucheu & Robinson

Louisiana rules on minor's property

Under LA law, any time a minor owns property, the property must be administered under court supervision. The procedure is called a "tutorship" but the rules are pretty similar to rules governing guardianships or similar proceedings in other states.LA Code of Civil Procedure articles 4265, 4266,4267, 4272 and 4251 set out the rules for compromising a minor's claim and administering the funds received as a result of such a compromise. If the minor lives in LA, an adult will have to qualify as the tutor of the minor and another adult will have to qualify as the undertutor (a sort of watchdog).If the child's parents are married, the procedure is a bit simpler than situations where one parent is deceased, the parents are divorced or the child was born out of wedlock.If the child lives in another state or is moving to another state, there is a procedure to transfer the funds to a guardian or similar court-supervised fiduciary in the other state.If you are a parent of the minor, you should have some involvement in the appointment of the "tutor" and the "undertutor" bu

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Answered on 12/15/97, 6:43 pm

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