Interdiction and Tutorship
Interdiction and Tutorship
It’s never pleasant to realize that a loved one can no longer care for themselves partially or completely. Louisiana law of interdiction and curatorship allows you to seek interdiction and curatorship of your loved ones who are unable to care for themselves due to substance abuse, physical disability, mental illness or behavioral addiction.
Interdiction places the adult in the legal status similar to that of a child and gives decision-making authority to their curator. They can’t enter contracts, leases, marry, open or close bank accounts, manage their money, manage their medical care or file suit, without their Curator’s approval. However, the Curator’s liability for the Interdict’s actions are more limited than that of the parent for his or her child’s actions.
The Curator can be granted the power to make medical decisions, financial decisions, seek support for the interdict, file suit on behalf of the interdict, terminate driving privileges and terminate contracts on behalf of the interdict.
The person you are seeking to interdict can either hire their own attorney or one will be appointed to represent them in the interdiction proceeding. This is to insure that someone isn’t seeking this interdiction for improper purposes to the detriment of the Interdict. However, an emergency temporary interdiction can be sought to prevent immediate harm to the Interdict, pending hearing on the permanency and scope of the interdiction.
Interdiction and curatorship can be limited either in scope or duration. It can be limited in scope to just medical, or just financial. It can be limited in duration to temporary or permanent. If the condition is not permanent and can be reversed by medical care or therapy it can be terminated either with the consent of the Curator or by the Interdict applying for termination or for modification in scope of the interdiction.
The Curator has reporting requirements during the period of interdiction and can be held accountable for any mismanagement. The Judgment of Interdiction is recorded with the Clerk of Court to put all potential creditors and the public at large on notice that there is a Curator managing the Interdicts affairs.
An Under-Curator will be appointed to serve both as a check on the Curator, and to step up if the Curator is no longer able or willing to serve as Curator.
Ellen Cronin Badeaux, LLC, has represented relatives seeking interdiction and curatorship for 27 years in the cities of Amite, Baton Rouge, Bogalusa, Chalmette, Clinton, Covington, Denham Springs, Donaldsonville, Franklinton, Gonzales, Greensburg, Gretna, Hammond, Kenner, Livingston, Madisonville, Mandeville, Metairie, New Orleans, St. Francisville and Slidell in Ascension, East Baton Rouge, East Feliciana, Jefferson, Livingston, Orleans, St. Bernard, St. Helena, St. Tammany, Tangipahoa, West Feliciana and Washington Parishes. Call us at 985-892-1955 to help you navigate the waters of interdiction and curatorship.
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