The Louisiana Interdiction Process Explained:

What is Interdiction?

Interdiction is similar to guardianship and continuing tutorship.  It’s an order from the court that gives you, or someone else, the legal right to make decisions for your adult child or relative.

Interdiction is only for people who do not have the mental capacity to care for themselves or make their own decisions.  This is the last option to consider because it takes away a person’s legal rights to make decisions about their life.  It is the most restrictive option.

The court will name a curator (guardian) to take care of your adult child or relative.  Usually this is a parent, but it doesn’t have to be.  A Curator is the person who gets the legal right to make decisions (often a parent).  An Interdict is the person with a disability who cannot make their own decisions.

You can get a Full or Limited Interdiction.  A Full Interdiction is for people who can’t make any of their own decisions.  A Limited Interdiction allows them to make certain decisions, which you can specify in the process.

When you apply for interdiction, you can specify which decisions your child or relative can make for themselves, and which you will have the legal right to make for them.

The Curator’s Responsibilities:

The curator is the person appointed by the court to make decisions.  Usually this is a parent, but not always.  Curators have specific legal responsibilities. 

The curator is responsible for:

• Making sure the person with disabilities is getting all the care and services they need
• Giving consent for medical care and decisions
• Signing legal documents
• Keeping all records (legal, medical, financial, educational)
• Sending annual reports to the court
• Making decisions and acting in the best interest of the interdict

How to Apply for Interdiction:

Basic steps:

1. Write a petition for interdiction
2. Prove that your adult child cannot make their own decisions
3. File the paperwork
4. Attend the Court Hearing 
5. Send the Letter of Appointment to your child’s providers

As interdiction proceedings are intricate/complex, you should strongly consider retaining counsel for this.  This is an important legal responsibility and you want to make sure it is done right.

Write the Petition for Interdiction:

This petition has all the contact information for you and your child and describes in detail why your child cannot make their own decisions or care for themselves.  If you are asking for Limited Interdiction, you will also say which decisions you want to make legally and which ones your child can make.

The petition should include:

• Your name, age, and current address
• Your relationship to the interdict (your child)
• Your child’s name, age, and current address
• The place where your child will live if you get the interdiction and become curator
• Reasons why the interdiction is necessary, including a description of your child’s disabilities and inability to care for themselves
• If you are requesting full interdiction, explain why a limited interdiction will not be enough
• If you are requesting limited interdiction, explain which decisions you want to control, and why your child can’t manage these decisions on their own
• The name and address of your lawyer
• The reasons why you (or another person) should be appointed as the curator

Prove That Your Adult Child Cannot Make Their Own Decisions:

To get an interdiction, you will need to prove that your child is unable to make reasoned decisions about their own care and property.  It is your responsibility to give clear and convincing evidence. 

Ask for reports on your child’s abilities from these professionals:

• Your child’s doctor
• Therapists and other providers
• A licensed psychologist
• A licensed social worker

Each of them should have experience in evaluating people with intellectual disabilities, and experience working with your child.

File the Paperwork:

The next step is to file the paperwork in the District Court in the parish where your child or relative lives.  Before you file, have a lawyer check that all of your paperwork is filled out correctly.  In some cases, the court may appoint a lawyer for your adult child.

Some courts serve more than one Parish.  Each District Court should have its own website that lists helpful information, including the costs for filing documents.  Call and ask the Clerk where and how to file your petition.

File these items at the same time:

1. The Petition for Interdiction 
2. A security (deposit)

What is a Security?

A security is similar to a bond or deposit.  It is money you bring to the court as a guarantee that you will carry out your responsibilities as curator.  The amount of security usually depends on your child’s assets, which include money in the bank, property, or anything else of value they own.  If your child has always had a significant disability, they probably will not have many assets and the security will be fairly low.

The court usually holds this security for your child’s entire life.  But if you mishandle your child’s money or property, or do not act in their best interest, the court could give the security back to your child.  Only the court can change, reduce, or return the security.

Attend the Court Hearing:

After you file the paperwork, the next step is the Court Hearing.  The Hearing is a formal process that takes place at the courthouse in front of a judge.

The court will assign you a Hearing date and mail it to you.  Put that date in your calendar, and tell them if you have a conflict.  The court may let you pick the date if it works with the judge’s schedule.

Check that all of your paperwork is ready.  If you had to file a medical certificate, make sure the latest copy is dated within 30 days of the hearing date.  If you didn’t file the security form yet, make sure you do.

Your child should attend the hearing, if possible.  Sometimes there is a good medical or other reason why they should not attend.  If so, talk with their doctor and have them write this on their report. 

Each civil district court and each judge may have a different way of doing things.  If you have any questions, you can always ask the court staff or the judge’s clerk.

At the hearing:

• Everyone will be sworn in, promising to tell the truth.
• You or your lawyer may explain why you are requesting interdiction for your child.  You will need to present the medical evidence that supports why they need a curator.
• In addition to your lawyer, your child may have their own lawyer too.  This lawyer could be appointed by the court.  Your child’s lawyer will explain why there is a need for interdiction and how they have come to that decision.  They will accept or oppose your proposed petition.
• The judge may ask questions to both sides, then will make a decision.  They will either:
  • Accept your request for interdiction
  • Deny your request, or
  • Authorize interdiction, but with changes to your proposal. The changes are usually to give your child more decision-making power in certain areas.

Send the Letter of Appointment to your Child’s Providers:

When the interdiction is approved, the judge signs a decree.  You will get a certified Letter of Appointment, which is the proof that you are the legal curator.  Make sure to keep this in your records. 

Send copies of the Letter of Appointment to these people for their records:

• Your child’s primary care doctor 
• Other health care providers, including their dentist
• Their school, workplace or Day Program
• Any social service providers that work with your child

You may be asked to show the Letter of Appointment if you are doing things for your adult child like applying for government benefits or signing consent for medical care.

Key Points about the Interdiction Process:

Lawyer for your child – If your child is 18 or older, the court will appoint a lawyer for them, and you might need to cover these costs.

Filing fees – You’ll need to pay the court a filing fee when you submit your forms.  These fees vary from parish to parish.

Service – The legal process requires you to pay to make sure your family member gets an official copy of your petition.  Sometimes this is called the sheriff’s fee and is included in the filing fee.

Louisiana Interdiction Attorneys:

We are a Gretna law firm that has served the New Orleans area since 1980.  Our experienced family lawyers are well versed in all matters related to family law including interdictions.  If your loved one is incapacitated and needs help managing their affairs, our expert team can guide you through the interdiction process.  We can also advise you whether a special needs trust would be appropriate.  We take pride in offering a personal and trusted experience.  Call us today for a free consultation and find out why so many of our clients come back to us.