Legal Question in Elder Law in Louisiana

Dear LawGuru Friend,

Good question! What this questions has to do with

comes undere the heading of "revoking a donation"; and

assuming you are asking about Louisiana law, the

answer is to be found in the articles of the LOUISIANA

CIVIL CODE under the section on Donations. I suggest

you go to the Louisiana Legislature's website VIA

GOOGLE, click on "Louisiana Laws", then on the

LOUISIANA CIVIL CODE, then go to the articles on

Donations, and you will find the answer. Yes, there are

certain reasons why donations may be revoked, but such

must be specifically set out in the LA CIVIL CODE.

One such reason is the "ingratitude of the donee".

Another is the fact that the donation has not been

"accepted" by the donee. As a donation of immovable

propery (land and buildings) must be done before a

Notary Public and two attesting witness, there is a

chance--I've forgotten over time--that even the

"acceptance" by the donee (s) must be done before

a notary and two witnesses; or by "authentic act",

as it is called. I do not have my LA CIVIL CODE near

by; but I shall be happy to look this matter up in the

CODE for you and e-mail you the answer, if you will

just e-mail me at [email protected] and let

me know your e-mail address, as well as any other

relevant information pertaining to this matter. ALSO,

there is a chance that your mother's donation is an

"absolute nullity", in the event that she gave away all

of her property and did not retain enough property

for her own subsistence; in which case the donation

would have been a donation "OMNIUM BONORUM",

and, as such, an absolute nullity.

There is more to it all than this, but this is some-

thing to think about and to help you begin your individual

research. Again, feel free to e-mail me!

Sincerely,

Hardy Parkerson, J.D.

Dean, College of Law

Southern Christian University

Lake Charles, LA

"The World Is Our Campus!"

[email protected]