Legal Definitions - loco tutoris

Definition: Loco tutoris (loh-koh t[y]oo-tor-is) is a Latin term used in Scots law. It refers to a person who is appointed by the Court of Session to act as a tutor for a pupil who does not have one. The loco tutoris is responsible for the person and estate of the pupil, just like a tutor-at-law or a tutor appointed by the pupil's father under his testamentary settlement. The only difference is that the loco tutoris is not appointed for free.

When a pupil does not have a tutor, the Court of Session can appoint a loco tutoris to act on their behalf. For example:

• If a pupil's father dies and did not appoint a tutor for them in his will, the Court of Session can appoint a loco tutoris to manage the pupil's estate.
• If a pupil's parents are divorced and the custodial parent is unable to act as a tutor, the Court of Session can appoint a loco tutoris to act on behalf of the pupil.

These examples illustrate how a loco tutoris can be appointed to act as a tutor for a pupil who does not have one. The loco tutoris has the same responsibilities and duties as a regular tutor, but is appointed by the Court of Session instead of the pupil's father or family.