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1. Who may file a petition for interdiction?
Anyone may file a petition for Interdiction. If the petitioner has not had a significant relationship with the defendant, the court will examine the motive of the petitioner to make sure that there are no improper reasons for interdiction.
2. What must be included in the petition?
The petition must include:
(1) The name, domicile, age, and current address of the petitioner and his relationship to the defendant.
(2) The name, domicile, age, and current address of the defendant and the place the petitioner proposes the defendant will reside if the relief sought in the petition is awarded.
(3) The reasons why interdiction is necessary, including a brief description of the nature and extent of the alleged infirmities of the defendant.
(4) If full interdiction is requested, the reasons why limited interdiction is inappropriate.
(5) If limited interdiction is requested, the capacity sought to be removed from the limited interdict, and the powers sought to be conferred upon the limited curator.
(6) The name and address of the spouse of the defendant.
(7) The name and address of the adult children of the defendant or, if he has none, of his parents and siblings or, if he has none, of his nearest adult relative.
(8) The name and address of any legal representative of the defendant.
(9) The name and address of any person previously designated as curator by the defendant in a writing signed by the defendant.
(10) The name, domicile, age, education, and current address of the proposed curator, and the reasons why the proposed curator should be appointed.
3. Where is the petition filed?
Generally, the petition is filed in a civil district court in the parish in which the interdict is domiciled (permanent home). If the defendant does not have a permanent home, the petition is filed where he resides or where he is physically present if he is not a resident of the state.
4. What steps must the defendant take?
The petitioner must have the defendant personally served. The defendant must make a timely appearance through an attorney to address all of the claims in the petition (generally, denials of the claims.) If the defendant does not make a timely appearance through or an attorney or the defendant indicates he cannot afford a lawyer, the court must appoint one.
5. What happens at the court hearing?
The petitioner must prove all of the allegations in the petition. He must prove that due to infirmity, the defendant is consistently unable to make reasoned decisions regarding himself and his property. The defendant must be present at the hearing, though some "good cause" exceptions for people with major infirmities can apply. Various witnesses, including experts, may testify for either party.
6. What will the judge decide?
The judge will either grant or deny the interdiction. If the interdiction is granted, the judge will appoint the curator and undercurator and determine their duties. If the interdiction is temporary, the judge will set a date for the interdiction to terminate.
7. Can either party appeal the judgment?
Yes, either party may appeal various aspects of the decision including the interdiction itself, the appointment of the curator or undercurator, or the limits of the interdiction.
8. Can interdiction be modified or terminated?
Yes, either party can propose modification or termination of the interdiction. The court may order termination or modification if it finds that the terms of the interdiction are excessive or insufficient, or that the interdict is now able to reasonably care for his person and property. The procedure will be the same as the original hearing.
Click here for Louisiana Interdiction Court Forms
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