If a person has failed to execute a durable power of attorney and has become incapacitated, it may be necessary for family member or interested party to file legal proceedings to establish that the person is incapacitated. This legal process is called interdiction. To be incapacitated, a person must be unable to consistently make reasoned decisions regarding the care of his or her person and property, or to communicate those decisions and whose interests cannot be protected by less restrictive means. This legal proceeding can be lengthy and complex. The process normally involves filing a lawsuit against the person to be interdicted, serving that person with the lawsuit, appointing an attorney to represent that person during the proceedings, having a hearing before a judge and a judgment being rendered finding incapacity of that person and appointing a curator. Once a person is appointed curator for an incapacitated person, that curator is allowed to administer the property of the incapacitated person and make decisions regarding their person.
The interdiction process has a specialized legal procedure which must be followed. All interdiction laws and procedures much be complied with to obtain a judgment of interdiction. Pleadings must be in proper form and the case must be presented to the Judge at hearing. Not all attorneys have experience in handling interdiction cases so it is important to retain an attorney that has experience in this specialized field of law.
At our initial office conference, you will be interviewed by an attorney to provide our office with accurate information regarding your potential case. An attorney will discuss and make recommendations regarding the interdiction as well as give you an estimate on fees and costs. There is no charge for our initial office conference If you decide to retain our firm and our firm accepts your case, a written contract shall be executed If a matter is contested or problematic, A retainer will be charged in advance of any work. The attorney will then bill you on an hourly basis from said retainer. Estimated court costs will be required to be paid in advance as well