Louisiana does not use conservatorship for adults or guardianship for minors.
Instead Louisiana has curators and an interdiction process for adults and
tutors for minors. Out-of-state conservatorships and guardianships can be
recognized in Louisiana and converted to interdictions and tutorships. Powers
of Attorney do cross state lines into Louisiana. Both the interdiction process
and tutorship process do not require consent. Alternatively, power of attorney
does require consent. Additionally power of attorney requires legal capacity.
In other words the person giving power of attorney must be an adult and be
mentally competent to give the power of attorney to another.
Interdiction of an adult can be temporary or permanent, and can be partial or
total. In other words, a temporary interdiction may be granted while an
individual is being medically treated and is not competent, but competency is
expected to be regained. Interdiction can also be partial instead of total. In
other words, it can pertain to financial decisions, but not medical decisions
due to an individual’s gambling, alcohol or drug addiction. Interdiction may
be granted due to physical illness, physical injury, mental illness, mental
retardation or addiction. Interdiction and the curator’s power, expire at death
or at judicial revocation. Interdiction is often sought at the onset of
schizophrenia in young adults, following a closed head injury, or due to
Tutorship of a minor is by it’s nature temporary during the child’s minority
and expires at age 18, on the date of majority, or at death. A parent of an
incapacitated minor may seek tutorship however, at the child’s eighteenth
birthday the parent needs to seek interdiction to continue to manage their
child’s affairs. Minors lack capacity in Louisiana. In other words, they are
not competent to enter a contract, marry, enlist in the military, vote, or sue
without consent of their tutor. Parents, and in their absence, extended
relatives, may be appointed as their tutors to either defend their rights or assert
their rights. Tutorship is often sought when a minor is injured in a car
accident or is a an heir, so that the child’s parent can sue on the child’s behalf
or manage their finances.
Power of attorney can only be granted by a competent adult. Power of
attorney can therefore not be granted by someone suffering from mental
illness, addiction, a closed head injury affecting competence, mental
retardation or dementia. There are two kinds of power of attorney in
Louisiana. Power of attorney is by it’s nature, temporary. It expires on a set
date, when it is revoked by the grantor, at death or when the person who
granted it, becomes incapacitated. However, a durable power of attorney
remains in force after the person granting it becomes incapacitated, but
likewise expires when revoked by the grantor or at death. Power of attorney is
a tool often used by service members going active duty or when traveling.
Call 985-892-1955 if you need a power of attorney, to seek tutorship of a
child, or to seek interdiction of an adult. Ellen Cronin Badeaux, LLC, with 25
years of family law experience, is qualified to prepare and execute power of
attorney documents, represent those seeking tutorship of a child or interdiction
of an adult in Amite, Baton Rouge, Bogalusa, Chalmette, Clinton, Covington,
Denham Springs, Franklinton, Gonzales, Greensburg, Gretna, Hammond,
Harvey, Kenner, Livingston, Madisonville, Mandeville, Metairie, New
Orleans and Slidell in Ascension, East Baton Rouge, East or West Feliciana,
Jefferson, Livingston, Orleans, St. Bernard, St. Helena, St. Tammany,
Tangipahoa and Washington parishes

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