Miscellaneous Acts – Provisional custody by mandate

Miscellaneous Acts – Provisional custody by mandate

§951. Provisional custody by mandate of persons having parental authority; delegation. A person having parental authority over a child may delegate the provisional custody of that child by written mandate to any natural person.

§961. Provisional custody by mandate of a natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody of a child; delegation. A natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody of a child after parental authority terminates, may delegate the provisional custody of that child by written mandate to any natural person subject to the same rules governing duration of the mandate and the authority and obligations of the mandatary as those governing the provisional custody of mandate of persons having parental authority.

§952. Duration of provisional custody; termination. A. The mandate of provisional custody shall be effective for the term stipulated, but the stated term shall not exceed one year from date of execution.

B. Regardless of the term stipulated, the mandate of provisional custody shall terminate:

(1) When revoked by any person having parental authority.

(2) When the mandatary resigns or otherwise renounces the mandate.

(3) Fifteen days after the death of any person having parental authority.

(4) Upon the qualification of a court appointed tutor or provisional tutor.

§953. Functions, power.s, and duties of agent. In addition to the general functions, powers, and duties accorded to tutors pursuant to Chapter 8 of Title VI of Book VII of the Code of Civil Procedure, except those that require.court approval, a mandate of child custody may provide for the health, education, and welfare of the child, which, if so indicated, may include the following:

(1) Consenting to and authorizing such medical care, treatment, or surgery as may be deemed necessary for the health, safety, and welfare of the child.

(2) Enrolling the child in such schools or educational institutions as may be deemed necessary for his due and proper education.

(3) Disciplining the child in such reasonable manner as may be necessary for his proper rearing, supervision, and training.

(4) Doing and performing all other such acts as may be necessary for the shelter, support, and general welfare of the child.

§954. Statutory form. The following is a suggested form that may be used by a person having parental authority to delegate the provisional custody of a named child.