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Losavio & DeJean, LLC – Baton Rouge’s Trusted Interdiction Attorneys

Baton Rouge Interdiction Attorney

The Path to Establishing Incapacitation

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If a person has failed to execute a durable powers of attorney and has become incapacitated, it may be necessary for a family member or interested party to file legal proceedings to establish the person as incapacitated. This legal process is called interdiction. Other states may refer to these proceedings as “guardianship”.

If you need help navigating the interdiction process, we urge you to request a complimentary phone consultation with our knowledgeable estate planning lawyers at Losavio & DeJean, LLC, The Louisiana Elder Law Firm. Our Baton Rouge interdiction attorneys give a voice to families in need of comprehensive legal counsel.

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Your Guide through the Interdiction Process

To be deemed legally incapacitated in Louisiana, a person must be unable to make or communicate reasonable decisions about their care and property. This legal standard is high, requiring clear and convincing evidence that the person’s incapacity is not just occasional poor judgment or physical weakness, but a fundamental and permanent inability to manage their life and assets. The causes can include advanced dementia, Alzheimer’s disease, traumatic brain injury, severe mental illness, or stroke. If you want to have a family member declared legally incapable, you will need to go through a lengthy and complicated legal process called interdiction.

The interdiction process normally involves:

  • Filing a Petition for Intervention: This lawsuit is filed against the individual to be intervened in the parish where they reside. The petition should detail the factual basis for the alleged incapacity.
  • Notifying the Individual: Formal legal notice must be provided, ensuring that the individual is aware of the legal proceedings against them.
  • Assigning an Attorney: The court will assign an independent attorney known as an “intervention attorney” to represent the individual’s best interests and legal rights. This attorney will interview the client, investigate claims of incapacity, and advocate for their interests, ensuring their voice is heard, even if their capacity has been diminished.
  • Appointment of a Medical Panel: A crucial aspect unique to the Louisiana interdiction process is the court’s appointment of a medical panel, typically consisting of one or two doctors and a healthcare professional. This panel is tasked with conducting a comprehensive examination of the proposed interdiction and submitting a detailed report to the court regarding the mental and physical health of the individual. This report serves as critical evidence in the case.
  • Hearing before a Judge: At this hearing, the petitioner will present evidence, including the medical panel’s report, testimonies from family and friends, and any relevant medical records. A court-appointed attorney will also provide their findings. After considering all the presented information, the judge will determine whether the clear and convincing standard for the interdiction has been met.
  • Receiving a Judgment of Incapacity and Appointing a Guardian: If the court grants interdiction, the judge will issue a judgment declaring the person partially or fully incapacitated. The court will then appoint a guardian for property decisions and, if necessary, a co-guardian for personal care decisions. These can be the same individual or two different people.

Once a person is appointed as a guardian of an incapacitated individual, they become responsible for managing the property of that individual and making decisions on their behalf. This role comes with a significant level of responsibility, and it is closely monitored by the court. Guardians must provide detailed financial reports to the court every year, including all transactions. They also need to obtain approval from the court for major decisions, such as selling property or giving away large amounts of money. Guardians always act in the best interests of those they care for, prioritizing the well-being, comfort, and dignity of the individuals under their guardianship.

Exploring Alternatives and Understanding Levels of Interdiction

Before starting the full interdiction process, it is important to consider whether a less restrictive option may be suitable. Louisiana law recognizes “limited interdiction”, where the court removes specific rights that an individual is unable to exercise while leaving other rights in place. For example, a person can retain the right to make healthcare decisions, but a guardian can be appointed to manage their finances.

Additionally, if a person retains some ability, they may be able to appoint a representative after the proceedings start, which could simplify or change the course of the case. A skilled attorney can evaluate all these options to find the most appropriate solution that provides necessary protection.

Why Retain Losavio & DeJean, LLC?

The interdiction process involves a specialized legal procedure that must be carefully followed. All relevant interdiction laws and regulations must be complied with if you want to obtain an interdiction judgment. Pleas must be made in the correct form, and the case should be presented persuasively to the judge during a hearing. A single procedural error, such as improper service or an insufficiently detailed petition, can cause significant delays or even dismissal of the case, prolonging the period during which a loved one remains vulnerable and unprotected.

Not all attorneys have experience handling interdiction cases. Therefore, it is important to work with an attorney who specializes in this area of law. At Losavio & DeJean, LLC, we focus on elder law, special needs planning, and succession issues. We have a deep understanding of the complex medical, familial, and ethical aspects that are intertwined with the legal regulations. In addition to our knowledge of courtroom procedures, we are also familiar with the local rules and judges in Baton Rouge and the surrounding areas. This is an invaluable asset when it comes to moving your case forward efficiently.

At your initial consultation with Losavio & DeJean, LLC, one of our attorneys will interview you to gather the information we need to understand your case. We will discuss and make recommendations regarding your situation, provide an estimate of fees and costs, and take the time to explain each step of the process. We will help you prepare for what to expect and assist you in gathering necessary documentation, including medical reports and financial records. Our goal is to reduce your anxiety and create a strong case based on evidence focused on the well-being of your loved one.

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Our Baton Rouge Interdiction Attorney Can Help. Call Today!

If you choose to retain our law firm and we take on your case, we will execute a written agreement. If the case is straightforward and uncontested, we will charge a flat fee. For more complex cases or those involving family disputes or vigorous opposition to the proposed action, we may discuss alternative fee arrangements for handling the litigation. Our firm is committed to transparency in pricing and dedicated representation, whether through negotiations or in court.

Taking the first step can be the most difficult, but it is an essential step towards ensuring the safety, financial stability, and proper care for a loved one who is no longer able to advocate for themselves. Don’t navigate this challenging journey alone. Contact Losavio & DeJean, LLC, the Louisiana Elder Law Firm, to schedule a confidential consultation today. Let our expertise, compassion, and commitment guide you towards a solution that protects your loved one’s dignity and future.

Common Interdiction FAQs

What is interdiction, and when is it necessary?

Interdiction is a Louisiana court proceeding to have an adult legally declared incapacitated and to appoint a curator (guardian) to manage their personal and financial affairs. It becomes necessary when an individual has become unable to make reasoned decisions due to dementia, illness, or injury, and they failed to execute Powers of Attorney (POA) that would have allowed a chosen agent to act for them without court involvement.

How does interdiction differ from having a Power of Attorney?

A Power of Attorney is a proactive, private document you create before incapacity, naming your chosen agent. Interdiction is a reactive, public court process initiated after incapacity occurs when there is no POA. It is more costly, time-consuming, and invasive, as the court—not you—ultimately decides who will manage your life and assets. Establishing a durable POA is the primary way to avoid interdiction.

Who can file for interdiction, and who is appointed as curator?

A family member, friend, or interested party can file a petition. The court appoints an attorney to represent the alleged incapacitated person. After a hearing, if incapacity is proven, the judge appoints a curator. The court’s priority is typically a spouse, then adult children, but the judge will select the person deemed most suitable, which may not be the petitioner or the family’s preferred choice.

What are the legal responsibilities of a court-appointed curator?

A curator has a significant, ongoing fiduciary duty. They must manage the interdicted person’s assets prudently, pay necessary expenses, and make personal care decisions—all in the person’s best interest. They are subject to court supervision, often requiring periodic detailed accountings and must seek court approval for major transactions (like selling property). It is a role with substantial responsibility and legal oversight.

Can interdiction be contested?

Yes. The alleged incapacitated person, through their court-appointed attorney, or other interested parties, can contest the petition. They may argue that the person is not fully incapacitated or dispute the need for a full interdiction, potentially suggesting a limited curatorship instead. Contested cases become adversarial hearings, increasing complexity, duration, and cost significantly

How can I avoid the need for interdiction for myself or a loved one?

The definitive preventive measure is to establish a comprehensive incapacity plan now, while you are of sound mind. This includes a Durable Financial Power of Attorney and a Healthcare Power of Attorney/Proxy. These documents allow you to name your chosen agents, dictate your wishes, and completely avoid the interdiction court process. Our attorneys specialize in creating these plans to protect your autonomy.

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