Louisiana Provisional Custody Mandate Expiration and Renewal

You executed a Provisional Custody by Mandate months ago, and it is working — the child is in school, seeing the doctor, settling into a routine. But the mandate has an expiration date, and missing it creates an immediate gap in your legal authority. Here is what you need to know about timing, renewal, and revocation.

How Long It Lasts

Under La. R.S. 9:952, a Provisional Custody by Mandate is valid for the shorter of:

• The specific end date written in the document, or
• One year from the date of execution

There is no extension mechanism. The law does not allow you to amend the existing mandate to push the date out. When it expires, it expires completely — your legal authority to enroll the child in school, consent to medical care, and make daily decisions ends on that date.

What Triggers Early Termination

Even before the stated expiration date, the mandate terminates automatically if any of these events occur:

• Either parent revokes it in writing. A parent who signed the mandate can withdraw their delegation at any time by providing written notice. The revocation does not require a notary — a clear written statement is sufficient.
• The mandatary resigns in writing. If you decide you can no longer serve as caregiver, written notice to the parent ends the arrangement.
• A delegating parent or natural tutor dies. The mandate terminates 15 calendar days after the death. This grace period gives you time to seek emergency court authority if needed.
• A court appoints a tutor or provisional tutor. If a judge enters an order appointing someone else as the child's legal guardian (tutor in Louisiana terminology), the mandate ends immediately.

How to Renew

Renewal means executing an entirely new mandate from scratch. The process is identical to the first time:

1. The parent(s) and the mandatary agree to continue the arrangement
2. Fill out a new statutory form (La. R.S. 9:954) with a new execution date and new end date
3. Each signer executes the act before a notary or other authorized officer and two witnesses
4. Each party, each witness, and each notary signs the act; signatures need not be collected at the same time or place or before the same notary or witnesses (La. Civ. Code art. 1833(B))

Start the renewal process at least two to three weeks before the current mandate expires. Notary scheduling, witness availability, and the parent's cooperation can all introduce delays. If the mandate lapses before the new one is executed, you have a gap during which institutions may refuse your authorization.

What Happens During a Gap

If the mandate expires and you have not yet executed a new one:

• Schools may flag the issue at the next administrative interaction (parent-teacher conference, field trip, re-enrollment). Most schools will not immediately remove the child mid-semester, but they may restrict your ability to sign new forms.
• Medical providers may refuse non-emergency treatment until you present current authorization.
• Pharmacies may decline to fill prescriptions under your consent.

For immediate needs during a gap, the Non-Legal Custodian's Affidavit (La. R.S. 9:975) may serve as a bridge if the child lives with you and you can truthfully attest either that the parent or legal custodian was advised of your intended authorization and did not object, or that you cannot contact them to give that notice.

Can a Parent Revoke the Mandate Without Warning?

Yes. A parent with parental authority can revoke the mandate at any time in writing. La. R.S. 9:952 provides that the mandate terminates when revoked. The parent does not need to explain their reasons, go to court, or obtain your agreement.

If a parent revokes the mandate and you believe the child's safety is at risk, contact the Louisiana DCFS child protection hotline immediately. The mandate's termination does not mean the child must return to an unsafe situation — it means your legal standing under that specific document has ended. DCFS can initiate protective measures, and you may be able to seek emergency court orders.

Tracking the Expiration Date

Mark the expiration date on your calendar the day the mandate is signed. Set reminders for:

• 60 days before expiration — contact the parent to confirm they are willing to renew
• 30 days before — schedule the notary appointment and line up witnesses
• 14 days before — execute the new mandate

Schools, doctors, and dentists should all receive copies of the new mandate before the old one expires.

For a renewal checklist, gap-coverage strategies, and a tracking template that alerts you before each deadline — see our Louisiana School and Medical Consent Guide.

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