A continuing tutorship is a legal process in which a court decides that a child will not be competent to make decisions after the child reaches 18 years old – the legal age of majority. Instead of another person, like the parent, will have the legal authority to make all legal decisions for the child just as if the child were still under the age of 18. Thus, the ultimate result of a continuing tutorship is that the child never reaches the age of majority.
A continuing tutorship is only possible while the child is between the ages of 15 and 18. Once the child turns 18, a continuing tutorship is no longer possible. Instead, the child will have to be interdicted proceeding mentioned above.
To get a continuing tutorship for a child, the child’s mental abilities must be 2/3 or less than the average mental abilities for children of the same age. School or medical records must be submitted as proof that the child’s mental abilities are below the mental abilities of children of the same age.
Once a continuing tutorship is established, the child will be appointed a tutor and an undertutor. One of the child’s parents is usually appointed as the tutor and the other parent is usually appointed as the undertutor.