All states have laws and regulations addressing legal incapacity – when a person cannot make (or communicate) decisions for themselves. Similar to this, Louisiana has a process called interdiction – where a court determines that a person can no longer make decisions about themselves or their property.
In Louisiana, an interdiction is a legal process where the court decides whether a person cannot make or communicate decisions. If the court determines that the person is incapable of making or communicating decisions, the court will appoint a person to do so for the incapacitated individual.
Keep reading to learn about six things about Louisiana interdiction.
1. What is limited interdiction?
Like limited capacity, limited interdiction in Louisiana occurs when the court determines that an individual is incapable of making certain decisions about their person or property but not all decisions. For example, a person may generally be able to bathe and dress, but they may not be able to make sound decisions about their finances.
2. What is full interdiction?
Full interdiction occurs when a Louisiana court determines that an individual cannot make any consistent decisions about their person or property.
3. What is the legal impact of interdiction in Louisiana?
In Louisiana, a full interdiction determination means that the person (or the interdict) cannot legally make decisions for themselves, such as opening a bank account or signing a contract.
If a court declares the person to be a limited interdict, then that person may not make certain legal decisions where they may be able to make others. For example, the limited interdict may make legal decisions about their personal care but not about their finances.
4. What is a curator?
A curator is a person appointed by the Louisiana court to oversee the incapacitated individual’s decision-making. In other words, the curator acts on behalf of the interdicted person regarding their personal or financial affairs.
In Louisiana, the curator has the legal authority to make some or all decisions for the incapacitated individual while acting in the interdict’s best interest at all times.
Additionally, the curator files an annual report with the Louisiana court, listing the interdict’s assets and expenses for that year as well as whether any property was bought or sold. Further, the curator addresses how the incapacitated person is doing physically and mentally. If there is any change in the interdict’s health or medical treatment, then the curator must address this in the annual report as well.
5. What is an undercurator?
An undercurator is a person appointed by the court to confirm that the curator is acting in the interdict’s best interest. To do this, the undercurator is permitted to see all annual reports, financial documents, and medical records – making sure that the curator is keeping the incapacitated person’s best interest in mind.
6. What are some alternatives to Louisiana’s interdiction process?
There are some ways to avoid Louisiana’s interdiction process if you plan ahead. For example, you can plan for yourself or provide for your loved ones through health care or financial powers of attorney, legal conservatorships, living will declarations, or trusts, among others. An experienced interdiction attorney can help you better protect yourself and your loved ones.
Why Retain Losavio & DeJean, LLC?
Not all attorneys have experience handling interdiction cases, so it is important to retain an attorney who understands this specialized field of law. At your initial office consultation with Losavio & DeJean, LLC, you will be interviewed by one of our attorneys to attain the information we need to navigate your case. We can discuss and make recommendations regarding the interdiction and provide you with an estimate on fees and costs.
Contact us today to learn more.