Provisional Custody By Mandate

Authored By: Lagniappe Law Lab
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About Provisional Custody by Mandate

In Louisiana, Provisional Custody by Mandate lets a parent, guardian, or legal custodian give temporary custody of a child to another adult. This can happen without going to court. This process involves a notarized document. It allows a selected person, known as a mandatary, to make choices about the child's healthcare, education, and daily needs.

This option helps when a parent has a short-term problem. It works well if the parent can't care for the child due to illness, work, jail, or other issues. It’s a flexible, fast, and affordable alternative to formal custody proceedings.

Provisional Custody by Mandate helps families transfer custody of a child clearly and temporarily. This option allows them to avoid court. 

These questions cover what you need to know, including: 

  • How it works

  • What it can and can’t do 

  • How to ensure it’s legally valid 

  • What rights it gives 

  • How long it lasts 

  • How it can be used for school enrollment or medical care

What You Need To Know

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. 9:951954).

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: 

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: 

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. 9:951954

  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

How to Get Provisional Custody by Mandate

How to Get Provisional Custody by Mandate

If you’re a parent, tutor, or legal custodian in Louisiana and need to temporarily give someone else authority to care for your child, Provisional Custody by Mandate may be a good option. It allows you to transfer custody for up to one year, without going to court, by signing a special document in front of a notary. The process is relatively simple, but it’s important to follow all the legal requirements to make sure the mandate is valid and enforceable.

Here is a step-by-step process for getting Provisional Custody by Mandate.

Download the Provisional Custody by Mandate Form

Step-By-Step Guide to Getting Provisional Custody by Mandate

  • Pick a trustworthy adult (18 or older) who will care for your child.
  • This person can be a relative, close friend, or someone already involved in the child’s life.

  • Use the statutory form provided in the Louisiana Revised Statutes § 9:954 or a template as provided here

  • The form must clearly name: 

    • The parent(s) or legal custodian(s) giving custody. 

    • The child(dren) involved. 

    • The mandatary receiving custody. 

  • You must initial the specific powers being granted, such as: 

    • Medical care

    • School Enrollment

    • Discipline

    • Daily Care and Support

  • The parent(s) or legal custodian(s) and the mandatary must sign the form. 

  • The signing must be done: 

    • In the presence of a notary public, and 

    • With two competent adult witnesses.

  • Provide a signed and notarized copy to the mandatary. 

  • Share copies with: 

    • The child’s school

    • Doctors or clinics 

    • Anyone else who may need to rely on the document

The mandatary can now legally make decisions and act on the child’s behalf within the scope of powers granted in the document.

  • The mandate lasts until the date listed on the form or up to one year, whichever comes first. 

  • The parents can revoke it at any time by notifying the mandatary and any third parties relying on the mandate. 

  • A new form can be completed after the old one expires if continued custody is needed.

Other Issues To Consider

Other Issues To Consider

These are some of the other questions and issues to consider related to Provisional Custody by Mandate that you may need to know.

Other Issues to Consider

To revoke or cancel a Provisional Custody by Mandate in Louisiana, the parent(s) who created the mandate must take clear and formal steps. 

How to Revoke the Mandate: 

  1. Write a Revocation Document 

    • The parent(s) must prepare a written revocation of the original mandate. It should include:

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

      • The date of the original mandate

      • A clear statement that the mandate is being revoked

      • The date of revocation

      • Signature(s) of the parent(s)

  2. Have it notarized

    • While the law does not explicitly require the revocation to be notarized, it is strongly recommended, especially since the original mandate had to be notarized. This helps ensure it will be accepted by schools, medical providers, etc.

  3. Deliver a Copy to the Mandatary 

    • The revocation is not effective until the mandatary has been notified. You can: 

      • Deliver it in person (get a signed receipt if possible) or, 

      • Send it by certified mail with a return receipt. 

  4. Inform Schools, Doctors, and Others 

    • If the mandate was used for school enrollment, medical care, or public benefits, notify those institutions that the mandate is no longer valid.

Important Notes

  • A Provisional Custody by Mandate automatically expires after 1 year, unless revoked earlier.

  • If both parents signed the original mandate, either parent can revoke it individually, unless the mandate says otherwise.

  • Once revoked, the mandatary no longer has legal authority to act on behalf of the child. To revoke or cancel a Provisional Custody by Mandate in Louisiana, the parent(s) who created the mandate must take clear and formal steps.

No, you cannot use a Provisional Custody by Mandate if the child is already in state custody or in foster care in Louisiana. If the child is in state custody, the state has transferred legal custody, usually through a CINC (Child in Need of Care) case or juvenile court order. The Department of Children and Family Services (DCFS) or the juvenile court decides where the child lives. They also decide who makes decisions for the child. The parent no longer has the authority to grant custody by mandate.

In a custody battle or if there is a court order, a Provisional Custody by Mandate might not be valid. The situation could also limit it. 
In a custody dispute or ongoing case, it’s best to talk to a lawyer first. Then, get permission from the court before using a Provisional Custody by Mandate. For more information, see Finding and Hiring a Lawyer.

The mandatary does not have legal responsibility for child support in a Provisional Custody by Mandate in Louisiana. A Provisional Custody by Mandate lets a trusted adult temporarily care for a child. It does not transfer legal custody or financial responsibility. The parent(s) who issued the mandate are still the legal parents. They must support their child, which includes paying child support if the court orders it. Only a court can order someone to pay child support.

A Provisional Custody by Mandate does not create parental rights. It is a temporary caregiving arrangement, not a step toward adoption on its own. The mandatary does not gain legal custody or the right to adopt by having the mandate. Adoption needs its court process. It also needs consent or termination of parental rights and all legal steps. Yes, a person with Provisional Custody by Mandate can adopt a child later. They must meet all legal adoption requirements. A separate court process needs approval to complete this.

Last Review and Update: Apr 24, 2023
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