Although the contract could be ratified, the right to rescind the contract belongs to the minor. A suit to nullify and rescind the contract was filed based on incapacity of the minors. The ability to acquire property without complication is contingent on whether there is an emancipated minor, the contract is for necessaries, education or business, or an administrator is acting on behalf of the minor with court permission. Property held in trust must identify payee in the instrument creating the trust as the holder of the property for the beneficiary.
After being married, the minors could not continue with the contract due to financial hardship. The court held that the minors, at the time of the contract, had no capacity to enter into the contract and, therefore, the contract was null and void. Based on Louisiana statutes and case law, a minor is capable of holding title to property.
Even if you are married, you make your own health care decisions and your spouse does not have a right to change them. (2) Nor shall the making of a declaration pursuant to this Part affect the sale, procurement, or issuance of any life insurance policy, nor shall it be deemed to modify the terms of an existing policy. If you are mentally ill or otherwise permanently incompetent, the court will appoint a person to make decisions for you. If you are unable to consent to medical care because of an accident or a illness, Louisiana allows the court to appoint someone to consent for you. (3) In order that the rights of such persons may be respected even after they are no longer able to participate actively in decisions concerning themselves, the legislature hereby declares that the laws of the state of Louisiana shall recognize: (a) The right of such a person to make a declaration instructing his physician to withhold or withdraw life-sustaining procedures or designating another to make the treatment decision and make such a declaration for him, in ` event he is diagnosed as having a terminal and irreversible condition; and (b) The right of certain individuals to make a declaration pursuant to which life-sustaining procedures may be withheld or withdrawn from an adult patient who is comatose, incompetent, or otherwise physically or mentally incapable of communication, or from a minor, in the event such adult patient or minor is diagnosed and certified as having a terminal and irreversible conditions, (4) In furtherance of the rights of such persons, the legislature finds and declares that nothing in this Part shall be construed to be the exclusive m` by which life-sustaining procedures may be withheld or withdrawn, nor shall this Part be construed to require the application of medically inappropriate treatme` or life-sustaining procedures to any patient or to interfere with medical judgment with respect to the application of medical treatment or life-sustaining procedures. The legislature further intends that the making ` a declaration pursuant to this Part merely illustrates a means of documenting a patient's decision relative to withholding or withdrawal of medical treatment or life-sustaining procedures. (2) "Cardiopulmonary resuscitation" means those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest. (4) "Certified first responder" means any person who has successfully completed a training course developed and promulgated by the United States Department of Transportation and adopted by the bureau of emergency medical services of the Department of Health and Hospitals and who is certified by the bureau. (2) A written declaration shall be signed by the declarant in the presence of two witnesses. A.(1) Any health care facility, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the withholding or the withdrawal of life-sustaining procedures from a qualified patient who has made a declaration or is wearing a do-not-resuscitate identification bracelet in accordance with the provisions of this Part. (5) The removal of life support systems or the failure to administer cardio-pulmonary resuscitation under this Part shall not be deemed the cause of death for purposes of insurance coverage. The provisions of this Part are cumulative with existing law pertaining to an individual's right to consent or refuse to consent to medical ` surgical treatment. A declaration properly executed in and under the laws of another state is deemed to be validly executed for purposes of this Part. If the court has not appointed someone to consent for you, and you have not appointed someone yourself, then your spouse may consent to care for you. (2) It is the intent of the legislature that nothing in this Part shall be construed to require the making of a declaration pursuant to this Part. (3) "Certified emergency medical technician" means a certified emergency medical technician as defined in R. (5) "Declaration" means a witnessed document, statement, or expression voluntarily made by the declarant, authorizing the withholding or withdrawal of life-sustaining procedures, in accordance with the requirements of this Part. (3) An oral or nonverbal declaration may be made by an adult in the presence of two witnesses by any nonwritten means of communication at any time subsequent to the diagnosis of a terminal and irreversible condition. (2) Any person, health care facility, physician, or other person acting under the direction of a physician who authorizes the withholding or withdrawal of life-sustaining procedures in accordance with a qualified patient's declaration or do-not-resuscitate identification bracelet, or as otherwise provided in this Part shall not be subject to criminal prosecution or civil liability for such action. In instances where a patient diagnosed as having a terminal and irreversible condition or his representative utilized means other than those in accordance with the provisions of this Part to document or manifest the patient's intention and desire that medical treatment or life-sustaining procedures be withheld or withdrawn, any health care facility, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the withholding or withdrawal of life- sustaining procedures when the health care facility, physician, or other person acting under the direction of a physician has acted in good faith reliance on the patient's or his representative's manifestations that medical treatment or life- sustaining procedures be withheld or withdrawn and the continued utilization of life-sustaining procedures would, within reasonable medical judgment, serve only to prolong the dying process. In light of our research, Louisiana law does not restrict a minor per se from holding title to real or personal property. You asked whether there are any age or property restrictions in Louisiana.