Louisiana Continuing Tutorship vs Interdiction vs Supported Decision-Making: Side-by-Side Comparison

If you're deciding how to establish legal authority over your adult child with a disability in Louisiana, you have three options — and the choice depends on your child's cognitive capacity, their age right now, and how much of their autonomy you need to preserve. Here's the direct comparison: Continuing Tutorship is the cheapest and least restrictive court path but closes permanently at 18. Interdiction is the only post-18 court option for full authority but costs $3,500–$8,000+ and strips most civil rights. Supported Decision-Making preserves all rights and costs almost nothing, but requires your child to understand the agreement.

Louisiana does not use the term "guardianship" in its civil law system. These three mechanisms are the state-specific equivalents, each governed by different statutes with different eligibility windows.

Full Comparison Table

Critical note on all three: None of these options gives you authority to manage your child's Social Security benefits. The SSA does not recognize state court orders, tutorship judgments, or supported decision-making agreements for benefit management. You must apply separately as Representative Payee through Form SSA-11 at your local SSA field office.

Decision Framework

Choose Continuing Tutorship if:

• Your child is at least 15 and not yet 18 (the window closes permanently at 18)
• Your child has an intellectual or developmental disability with documented IQ at or below 67
• You need comprehensive legal authority (medical decisions, financial management, residential placement)
• You want the most cost-effective court pathway available

The coroner's concurrence requirement sounds intimidating but is actually an administrative sign-off — the parish coroner (or a physician designated by the coroner) reviews the psychological evaluation and confirms the IQ finding. It is not a separate medical examination. The hearing itself is non-adversarial; no one argues against the petition.

Choose Interdiction if:

• Your child is already 18 or older and you missed the Continuing Tutorship window
• Your child has a disability (not limited to intellectual — can include psychiatric, neurological, or physical conditions) that prevents them from making reasoned decisions
• You need full legal authority and Supported Decision-Making is not appropriate given the severity of the cognitive impairment
• You can budget $3,500–$8,000+ in legal costs and 4–12 months of court process

Interdiction is adversarial by design. The court appoints an attorney to represent the adult child's interests — even if the child and family are in agreement. The sheriff must serve the adult child with the petition. This structure exists because Interdiction strips fundamental civil rights, and Louisiana law requires independent verification that the restriction is justified.

Consider requesting a limited interdiction if your child can make some decisions independently. A limited interdiction specifies exactly which decisions the curator (the appointed authority figure — usually the parent) can make and which the individual retains. This is less restrictive than a full interdiction and is increasingly preferred by Louisiana courts.

Choose Supported Decision-Making if:

• Your child is 18 or older (or will be soon, and you want a less restrictive option than Tutorship)
• Your child has the cognitive capacity to understand what the agreement means — they can participate in decisions with support
• You want to preserve your child's full civil rights and legal autonomy
• Your child's disability is physical, or intellectual but above the Tutorship IQ threshold
• You want the fastest, cheapest pathway

Under the Dustin Gary Act, the agreement is a written document between the individual and one or more "supporters" (usually parents). The supporter's role is to help the individual gather information, understand options, and communicate decisions — not to make decisions for them. The agreement must be notarized to be legally enforceable.

HB 362 (effective August 1, 2024) requires Louisiana school districts to provide written information about SDMAs to parents of transitioning students aged 14–17 who participate in alternate assessments, starting at the first IEP meeting of the school year.

Who This Is For

• Parents whose child is approaching 18 and who need to decide which legal pathway to pursue before the Tutorship window closes
• Families whose child is already 18 who missed the Tutorship deadline and are weighing Interdiction against Supported Decision-Making
• Parents with multiple children with disabilities who need different levels of legal authority for each child
• Attorneys and advocates looking for a quick comparison to share with families

Who This Is NOT For

• Families in states other than Louisiana — these are Louisiana-specific civil law mechanisms (other states use guardianship/conservatorship)
• Parents whose child needs Representative Payee designation — that's a separate federal process regardless of which state legal option you choose
• Families seeking help with SSI, Medicaid, or OCDD waiver enrollment — those are administrative processes, not legal authority filings

What Gets Missed

The most common mistake Louisiana families make is assuming that one of these options covers everything. None of them do.

Continuing Tutorship and Interdiction give you legal authority to make decisions, but SSA will not let you touch your child's benefit check without a separate Representative Payee designation. Medical providers will recognize the court order for treatment decisions, but Medicaid enrollment is an administrative process that runs through LDH regardless of your legal status.

Supported Decision-Making gives your child maximum autonomy, but some institutions (banks, hospitals, government agencies) are still unfamiliar with SDMAs and may not immediately recognize the supporter's role. Carrying a notarized copy of the agreement and a printed summary of La. R.S. 13:4261.101 helps — but it doesn't solve every situation.

The Louisiana SSI at 18 & Adult Disability Benefits Guide covers all three legal authority options alongside the SSI, Medicaid, OCDD, Representative Payee, and financial planning steps so you can see how the legal decision fits into the broader transition timeline.

Frequently Asked Questions

Can I switch from Supported Decision-Making to Interdiction later?

Yes. An SDMA does not prevent a later Interdiction petition if your child's cognitive capacity declines or if you determine that advisory support is insufficient. The SDMA can be revoked by the individual at any time, and an Interdiction petition can be filed at any age after 18.

What if my child's IQ is borderline — right around 67?

The Continuing Tutorship statute requires less than two-thirds of average mental ability. The psychological evaluation makes the determination, and the coroner's concurrence confirms it. If the IQ score is borderline, the psychological evaluation may need to address adaptive functioning and daily living skills in addition to standardized IQ measures. Work with the evaluating psychologist to ensure the report addresses the statutory criteria directly. If the IQ is above the threshold, Continuing Tutorship is not available — consider SDM or plan for a potential Interdiction after 18.

Does Continuing Tutorship need to be renewed?

No. Once the District Court signs the Continuing Tutorship judgment, it remains in effect indefinitely. There is no renewal or periodic review requirement. However, it can be modified or terminated by court order if circumstances change — for example, if the individual's cognitive abilities improve or if a less restrictive arrangement becomes appropriate.

Can my child vote under each option?

Under Supported Decision-Making, your child retains all civil rights, including voting. Under Continuing Tutorship, the individual retains some limited civil rights, and Louisiana courts have increasingly preserved voting rights. Under full Interdiction, the court can restrict voting rights, though a limited interdiction can explicitly preserve the right to vote. If voting rights are important to your family, raise this specifically with the attorney or in the Interdiction petition.

Why doesn't SSA recognize any of these?

Federal law governs Social Security benefits, and the SSA has its own process for determining who can manage a beneficiary's funds. State court orders — regardless of the type — do not transfer federal benefit management authority. The SSA evaluates Representative Payee applications independently, prioritizing biological parents with physical custody. The state court order and the SSA designation are parallel tracks that serve different legal functions.

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