Provisional Custody By Mandate

Provisional Custody by Mandate is a legal document in Louisiana. A parent, legal guardian, or grandparent with custody can let another adult take care of a child for a short time. This can happen without going to court.

This document allows the adult in custody, called the mandatary, to make key choices for the child. These choices include:

• Enrolling the child in school.

• Taking the child to the doctor.

• Providing food, housing, and daily care.

This type of custody is temporary. A parent or custodian who created it can end (revoke) it at any time, and it can last up to one year. It helps families dealing with short-term issues, such as illness, travel, or incarceration. It provides a fast and low-cost method for a trusted adult to get legal custody of the child.

A notary and two witnesses must sign it in front of them to make it valid under Louisiana law (La. R.S. 9:951–954).

Provisional Custody by Mandate is a temporary option for parents who need child care support. It’s flexible, but it does not replace full legal custody.

Provisional Custody by Mandate differs from full legal custody in key ways:

Provisional Custody by Mandate

• Temporary: Lasts for up to one year or until revoked.

• No court involvement: does not require a court order.

• Parent retains legal custody: The parent or legal guardian has legal rights and can reclaim the child at any time. 

• Revocable: The parent can cancel (revoke) the mandate at any time.

• Limited authority: The mandatary only has the powers listed in the form.

Full Legal Custody (through a court order)

• Permanent or long-term: Remains in place until changed by the court.

• Court-ordered: Granted by a judge through a legal case.

• The court may reduce or remove parental rights: The parent may lose the right to make decisions.

• Harder to reverse: Changing a custody order usually requires going back to court.

• Wider Authority: The legal custodian usually has complete rights to decide for the child. 

In Louisiana, someone with legal authority can give Provisional Custody by Mandate for a child. This includes: 

People who can give provisional custody:

1. Both parents acting together (if they are married and share custody).

2. A parent with sole or primary custody.

3. A legal guardian or tutor/tutrix (appointed by a court).

4. A grandparent who has legal custody.

5. A person who could qualify as a natural tutor/tutrix under Louisiana law, even if they haven’t been formally appointed by a court.

In Louisiana, any adult who is 18 or older can get Provisional Custody by Mandate. This requires the parent or legal custodian to trust them to care for the child.

 The person receiving custody (the mandatary) must:

• Be at least 18 years old.

• Be named in the mandate form.

• Accept the responsibility by signing the document.

• Be someone the parent or legal custodian trusts to care for the child's health, education, and daily needs.

A mandatary doesn't have to be a relative. They can also be a friend, neighbor, or another trusted adult. They should live close to the child. This lets them handle tasks like school, doctor visits, and daily care easily.

No, you do not need a lawyer or court approval to create a Provisional Custody by Mandate in Louisiana. While a lawyer is not required, you may want to talk to one if: 

• There is an existing custody order in place 

• You and the other parent disagree about custody 

• You have questions about your rights or responsibilities. 

For more information, see Finding and Hiring a Lawyer.

A person can set up Provisional Custody by Mandate. This lasts for one year from the date they sign and notarize it. The mandate can end before one year if: 

• The parent or legal custodian revokes it.

• The mandatary resigns or refuses the responsibility.

• The parent or custodian dies (it ends 15 days after their death).

• A court appoints a legal tutor or custodian.

You can make a new mandate after the current one expires if you still need someone else to care for the child. 

Links to the Law: 

• La. R.S. 9:952

Yes, you can end or revoke a Provisional Custody by Mandate at any time before it expires.

How to Revoke It:

• You must put the revocation in writing.

• Notify the mandatary (the person you gave custody to).

• Tell schools, doctors, or others that the mandate has been revoked.

The revocation doesn’t affect third parties, such as schools or clinics, until they are aware of it. That means they can still rely on the original mandate until someone informs them.

This flexibility allows you, as the parent or legal custodian, to regain your authority at any time. If things change or you no longer want the other person to have custody, you can take action.

Links to the Law: 

• La. R.S. 9:952

If the parent or legal custodian who made the Provisional Custody by Mandate dies, the mandate ends automatically. This happens 15 days after their death.

A Provisional Custody by Mandate expires after one year. You need to take no action. This happens even if someone does not take action to revoke it.

After One Year:

• The mandatary (the person with custody) can't make decisions for the child anymore.

• Schools, doctors, and other third parties can no longer rely on the expired document.

• If custody needs to continue, the parent or legal custodian must make a new Provisional Custody by Mandate. They must have it signed, notarized, and witnessed again.

For a Provisional Custody by Mandate to be valid in Louisiana, it must meet the legal requirements set out in La. R.S. 9:951–954: 

1. Signed by the person(s) with legal custody. This can be one or both parents, a legal guardian, or someone such as a grandparent with custody.

2. Signed by the mandatary (the person receiving custody). The mandatary must agree to accept responsibility.

3. Signed in front of a notary public. A Louisiana notary must witness the signing.

4. Signed in the presence of two competent adult witnesses. The witnesses must also sign the form.

5. Properly completed form. The form should include:

   • Full names and addresses of the parent(s), child(ren), and mandatary

   • Specific powers being granted (initialed or checked)

   • An effective date and expiration date (cannot exceed one year)

6. Scope of authority clearly stated. The mandatary must be given the authority to act on behalf of the child in areas like:

   • Medical care

   • School enrollment

   • Discipline and daily care

Yes, a notary must notarize a Provisional Custody by Mandate for it to be valid in Louisiana. Have everyone sign together in front of a notary and two witnesses.

Yes, both parents can sign a Provisional Custody by Mandate together. Often, they must do this based on their custody agreement.

When both parents should sign:

• If the parents are married and have joint custody, they should work together to sign the mandate.

• If the parents are divorced but share legal custody, both may need to sign unless one has the legal authority to act alone.

When only one parent may sign alone:

• If one parent has sole custody or is the only legal custodian, they can sign alone. This can happen after a court order or if the other parent is unavailable.

• If a court order has terminated or restricted the other parent's rights.

Yes, a grandparent or relative can sign a Provisional Custody by Mandate. They must have legal authority over the child.

A grandparent or relative can give provisional custody if:

• A court has awarded them legal custody.

• They are the child’s legal tutor or tutrix.

• They would legally qualify as a natural tutor (such as if the parent is deceased), even if they haven’t been formally appointed yet.

In Louisiana, a Provisional Custody by Mandate allows the temporary custodian, or mandatary, to make important decisions for the child's care. These powers come from the mandate document and Louisiana law, specifically La. R.S. 9:953. 

A mandatary may perform any of the following acts on behalf of the child, unless limited in the mandate: 

1. Consent to medical, dental, and mental health treatment for the child. 

2. Enroll the child in school and obtain school records. 

3. Make educational decisions, including attending school meetings and signing forms. 

4. Provide for the child’s basic needs, such as food, clothing, shelter, and supervision. 

5. Access or apply for public benefits the child may be eligible for, such as Medicaid, SNAP (food stamps), or KCSP. 

6. Enroll the child in extracurricular or recreational activities. 

Important Limits: 

• The mandatary does not have full legal custody. Parents keep legal custody and can change the mandatary’s decisions. This is unless a court says otherwise. 

• The mandatary cannot consent to the child’s marriage, adoption, or abortion. 

• The mandate must be in writing, signed, and notarized, and it is only valid for up to one year from the date of execution.

Yes, the mandatary can enroll the child in school under a valid Provisional Custody by Mandate in Louisiana. 

This authority is specifically allowed by La. R.S. 9:953, which permits the mandatary to enroll the child in school or educational institutions as necessary for their education.. They can also make important educational choices. 

This means with a properly executed and notarized mandate: 

• The mandatary can fill out school registration forms. 

• The mandatary can access the child’s school records. 

• The mandatary can attend parent-teacher conferences and sign educational paperwork. 

The school might need a notarized mandate to prove authority. So, remember to bring that document when you register your child.

Yes, a mandatary can make medical decisions for the child under a valid Provisional Custody by Mandate in Louisiana. 

Under La. R.S. 9:953, the mandatary can “consent to and authorize medical care, treatment, or surgery as may be necessary for the health, safety, and welfare of the child..” 

This includes: 

• Scheduling doctor or dental appointments 

• Authorizing medical or dental procedures 

• Getting prescriptions filled 

• Consenting to mental health treatment or counseling. 

Important Notes: 

• The mandatary’s authority is limited to routine or necessary care. They cannot consent to an abortion, sterilization, or other major procedures that fall outside the scope of the mandate or violate other legal protections. 

• The medical provider will usually require a copy of the notarized mandate before providing care.

Yes, a mandatary can apply for public benefits for a child under Provisional Custody by Mandate in Louisiana. This happens when the mandate grants that authority. 

Under La. R.S. 9:953, the mandatary can receive public benefits for the child. They can also apply for these benefits on the child’s behalf. They can do this as necessary for the shelter, support, and general welfare of the child. 

Important Notes: 

• The power is not automatic. The parent(s) must clearly state this authority in the written and notarized mandate. 

• If the mandate includes it, the mandatary can: 

  • Apply for or renew Medicaid, SNAP (food stamps), or KCSP on the child’s behalf.

  • Communicate with state agencies like the Department of Children and Family Services (DCFS).