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WE CAN HELP ESTABLISH AN INTERDICTION OF A LOVED ONE WHO CAN NO LONGER CARE FOR THEMSELVES OR THEIR FINANCES.
Interdiction in Louisiana
When a loved one becomes unable to care for themselves or is or her finances, it can become emotionally and financially taxing. Further, his or her family will quickly find that they cannot legally perform certain tasks for them such as healthcare decisions and financial transactions. Had the incapacitated person executed a power of attorney prior to the incapacitation, these decisions would be taken care of. However, once a person lacks capacity to sign a power of attorney, the law requires that an interdiction proceeding be filed. Many people associate interdiction with the elderly due to dementia, but incapacitation can occur at any age. Interdictions are often highly contentious among the family as some may recognize its need while others may remain in denial. Our family law attorneys help families who find themselves in this predicament.
Types of Interdiction
An interdiction is a legal process where a court is asked to determine whether a person lacks capacity to make certain decisions regarding their affairs. This judgment will confer this power on another, the curator, who is charged with looking after the interdict’s acts. The interdict’s capacity to act is either extinguished or reduced.
Per La. Civ. Code art. 389, a court may order the full interdiction of an adult, or an emancipated minor, who due to an infirmity, is unable consistently to make reasoned decisions regarding the care of his person and property, or to communicate those decisions, and whose interests cannot be protected by less restrictive means. The scope of a full interdiction is total. The interdict cannot enter into any juridical act by his or herself.
Per La. Civ. Code art. 390, a court may order the limited interdiction of an adult, or an emancipated minor, who due to an infirmity is unable consistently to make reasoned decisions regarding the care of his person or property, or any aspect of either, or to communicate those decisions, and whose interests cannot be protected by less restrictive means. Here, the scope is limited to only certain juridical acts. This may include preventing the interdict from entering into juridical acts with respect to his or her property, but not with respect to his or her person, or vice versa. Courts prefer limited interdiction, the less restrictive means.
Duties of the Curator
Per La. Civ. Code art. 392, the court shall appoint a curator to represent the interdict in juridical acts and to care for the person or affairs of the interdict, or any aspect of either. The duties and powers of a curator commence upon his qualification. In discharging his duties, a curator shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the interdict. The court shall confer upon a curator of a limited interdict only those powers required to protect the interests of the interdict.
The curator is appointed to take care of whatever the interdict has been disabled from doing. The curator should consider the interdict’s pre-interdiction expressions of will set forth in any preplanning documents, wills, or other directives. The curator should also consider the interdict’s preferences, religious beliefs, and values to the extent known to the curator. The curator should encourage, to the extent reasonably possible, the interdict to participate in decisions and to develop or to regain the ability to care for his or her person, to manage his or her affairs, or both. The curator’s duties and powers commence upon his taking an oath and furnishing security.
Per La. Civ. Code art. 393, the court shall appoint an undercurator to discharge the duties prescribed for him or her by law. The duties and powers of an undercurator shall commence upon qualification. In discharging his duties, an undercurator shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the interdict. The function of the undercurator is to serve as a check on the power of the curator. The undercurator is held to same standard of care as curator.
The family law attorneys at Bowes, Petkovich & Palmer, LLC are highly experienced at handling interdictions in the New Orleans and surrounding areas. Call us today for a free consultation.
Other Family Law Matters:
Custody and Visitation
Community Property Partitions
Separate Property Agreements
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2550 Belle Chasse Highway
Gretna, LA 70053
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