Interdiction and Tutorship in Louisiana: What Every Family Should Know

Interdiction and Tutorship in Louisiana: What Every Family Should Know

Everyone hopes to live a long life. But for many of our older family members and friends, it comes with loss of mental acuity through dementia. If you have family or friends, for whom you care, or need to care, and they are losing the ability to care for their physical person, health or financial affairs, it may be time for an Interdiction. It may be time to move to an assisted living facility and they are resistant. An Interdiction puts you in a guardianship position over their health or financial decisions.

This isn’t only necessary for the elderly. An Interdiction may very well be necessary for someone younger who suffers from mental illness, a closed head injury or intellectual disability.

What Is an Interdiction in Louisiana?

An interdiction in Louisiana is a court proceeding used when an adult cannot consistently make or communicate reasoned decisions concerning their personal care, health, finances, or property. If interdiction is granted, the court appoints a curator to exercise the authority established in the judgment.

Because interdiction restricts important legal rights, Louisiana courts consider whether the individual’s interests can be protected through less restrictive alternatives. A family lawyer can explain the available options and help determine whether interdiction is appropriate for your loved one’s circumstances.

Full Interdiction vs. Limited Interdiction

A full interdiction may be appropriate when an individual cannot make reasoned decisions concerning both their person and property. The curator may receive authority over personal, medical, legal, and financial matters.

A limited interdiction applies when assistance is necessary only in specific areas. For example, a person may require help managing financial affairs while retaining the ability to make personal or medical decisions. Rights not specifically restricted by the judgment remain with the limited interdict.

Who Can File for an Interdiction?

A person who believes an adult cannot adequately care for their person or property may initiate an interdiction proceeding. The person requesting the interdiction must provide evidence establishing why court intervention is necessary.

The individual facing interdiction has the right to legal representation. They may hire an attorney, or the court may appoint one to represent their interests during the proceedings. This safeguard helps ensure that interdiction is not pursued for an improper purpose.

Common Reasons Interdiction Is Needed

Families may consider interdiction when a loved one can no longer make or communicate consistent, reasoned decisions because of:

• Dementia or Alzheimer’s disease
• Mental illness
• A closed-head or traumatic brain injury
• Intellectual or developmental disabilities
• Serious physical and communication limitations
• Another medical condition affecting decision-making capacity

A Power of Attorney granted after the onset of dementia, after the closed head injury, after the onset of mental illness will not stand up against the challenge of another relative, or if the bank or other institution challenges it.

What Happens at the Interdiction Hearing?

Understanding how to file for interdiction in Louisiana begins with recognizing that the court must review evidence concerning the individual’s abilities and needs. The person requesting interdiction presents medical records, testimony, financial information, and other relevant evidence.

The court then decides whether interdiction is necessary and, if so, whether it should be full or limited. The resulting judgment identifies the rights affected and the curator’s authority. In urgent circumstances, an emergency temporary interdiction may be requested to prevent immediate harm while the court considers the permanent proceeding.

Before beginning the process:

• The first thing you need to do is write an inventory of their assets: bank accounts, real estate, brokerage accounts, vehicles, CDs, IRAs annuities and
• Add a list of their liabilities: mortgages, loans, car liens, credit card accounts.
• The second thing you need to do is collect their medical records, if you have access to them. If you don’t have access to them, don’t worry; we can get them.
• The third thing you need to do is call our office to begin the process.

Duties of a Curator and Undercurator

The curator represents the interdict in the legal acts covered by the judgment and may be authorized to manage personal, medical, or financial affairs. The curator must act prudently, maintain appropriate records, fulfill reporting requirements, and protect the interdict’s best interests.

An undercurator is also generally appointed to review the curator’s actions and safeguard the interdict’s interests. The undercurator may notify the court of concerns and may take further action if the curator becomes unable or unwilling to serve.

A curator can be held accountable for mismanagement. The Judgment of Interdiction is also recorded with the appropriate parish records to notify creditors and the public that the interdict’s affairs are being managed by a curator. Louisiana law concerning curators

What Is a Tutorship in Louisiana?

Tutorship in Louisiana is the legal process through which an adult receives authority to care for a minor, manage the minor’s property, or both. Tutorship may be necessary when a child owns assets or needs a legally authorized representative to protect their financial interests.

When a Minor Child Has Inherited Assets or a Settlement

In the early years of life, if you have a child, or child in your care, who has assets from an inheritance, trust, or personal injury settlement, you don’t automatically get to manage those assets. You will need to be appointed as their Tutor. This Tutorship may last only for their minority, while they are still children, or if necessary due to mental illness, closed head injury or intellectual disability, it can be continued into adulthood with a Continuing Tutorship. The steps are similarly:

• The first thing you need to do is write an inventory of their assets: bank accounts, real estate, brokerage accounts, CDs, and annuities and
• Add a list of their liabilities: if the real estate they inherited came with a mortgage or the annuity came with a loan against it.
• The second thing you need to do is collect their medical records, if you have access to them. If you don’t have access to them, don’t worry; we can get them.
• The third thing you need to do is call our office to begin the process.

Why Being the Parent Is Not Automatically Enough

Just being the parent isn’t sufficient to bestow the right to handle their finances and can be challenged by the other parent or another relative.

Court qualification may be required before a parent can manage inherited property, settlement proceeds, or other assets belonging to a minor. Formal tutorship establishes the adult’s legal authority and creates oversight intended to protect the child’s interests.

Natural Tutorship vs. Dative Tutorship

Natural tutorship generally arises through the child’s parents under the circumstances recognized by Louisiana law. However, the natural tutor may still need to complete the necessary court process and qualify before exercising authority over the child’s property.

Dative tutorship applies when the court appoints a qualified person to serve because no individual has the right to claim another form of tutorship or when the circumstances otherwise require a court-appointed tutor. The appointed tutor must fulfill the applicable legal and financial responsibilities.

Continuing Tutorship for Adult Children With Disabilities

A full or limited continuing tutorship may allow qualifying parental authority to continue after a child reaches adulthood. It is intended for specific circumstances involving intellectual or adaptive functioning and requires court approval and supporting evidence.

A full continuing tutorship grants broader authority, while a limited continuing tutorship restricts authority to the areas identified by the court. The appropriate option depends on the adult child’s abilities and individual needs.

When to Begin the Process Before Age 18

Louisiana law allows a petition for continuing tutorship to be filed for a qualifying unemancipated minor who is older than 15. Families should consider beginning preparations before the child turns 18 so the court can evaluate the petition and avoid an unnecessary gap in legal authority.

The process may require medical or other professional evidence and the written concurrence specified by Louisiana law. Starting early gives families time to collect records, identify assets and liabilities, and consult an attorney about whether full or limited continuing tutorship is appropriate. Louisiana Civil Code Article 355

How to File for Tutorship

The precise filing requirements depend on the type of tutorship and the family’s circumstances. The general process may include:

1. Identify the appropriate tutorship. Determine whether natural, dative, or continuing tutorship applies.
2. Prepare an inventory. List the child’s bank accounts, real estate, brokerage accounts, certificates of deposit, annuities, settlement funds, and other property.
3. Document liabilities. Identify mortgages, liens, loans, or other obligations connected to the child’s property.
4. Collect supporting records. Gather settlement documents, inheritance records, financial statements, and medical evidence when relevant.
5. File the required petition. Submit the appropriate documents to the court with jurisdiction over the matter.
6. Complete the qualification process. Follow the court’s requirements concerning appointment, security, an undertutor, and any necessary financial reporting.
7. Manage the child’s affairs responsibly. Once qualified, the tutor must act within the authority granted and protect the child’s interests.

Because every family and asset arrangement is different, working with a Louisiana family attorney can help you understand the specific documents and court requirements involved.

At Ellen Cronin Badeaux, You Can Find Family Lawyers Expert in These Fields

We have 33 years of experience doing Interdiction and Tutorships in Ascension, East Baton Rouge, Jefferson, Livingston, Orleans, St. Bernard, St. Helena, St. Tammany, Tangipahoa, Washington Parishes. Call for a free phone consultation or $200 Zoom or in-office consultation, Monday through Friday, 9:00-5:00. 985-892-1955 or email us at: office@ecbadeauxlaw.com