Interdiction: What You Need to Know

1. Who is eligible for interdiction?

A person may be subject to full interdiction by court order if he is at least 18 years of age or an emancipated minor and is consistently unable to make reasoned decisions concerning himself or his property or is unable to communicate his decisions concerning himself or his property, because of an infirmity.  

2. What is infirmity?

Infirmity is when a person is unable to care for himself and his property. An infirmity can result from many types of mental and physical disabilities, including substance abuse. Old age by itself is not an infirmity. A person who merely makes foolish or reckless decisions does not have an infirmity. 

3. Is there more than one type of Interdiction?

There are two types of interdiction, full and limited. Full interdiction transfers all responsibilities and rights of the interdict to the curator. The person seeking an interdiction must prove that the interdict is unable to care for himself as well as his property in a full interdiction proceeding before a court. Limited interdiction allows the interdict to retain certain rights. For example, the interdict may only need a curator for financial decisions but is capable of making other decisions. The person seeking an interdiction need only prove that the interdict is unable to care for either his person or property.

4. Who assumes responsibility for the Interdict?

The court will appoint a curator who will represent the interdict in legal acts as well as be responsible for all personal decisions of the interdict. A curator may be someone previously named in writing by the interdict when he was able to sufficiently communicate a preference. If there is no curator in writing, the curator will be the interdict's spouse, adult child, parent or person with whom the interdict has lived for more than six months, in that order. 

Under no circumstances will a court appoint a minor, an interdicted person, or someone who is not a Louisiana resident (unless the non-resident has a resident agent for service of legal documents). On very rare occasions, a court may consider a convicted felon, a person indebted to the interdict, a person involved in a lawsuit with the interdict as an adverse party, or an owner, operator, or employee of long-term care institutions where the interdict is receiving care (unless he is related to the interdict). 

When making decisions for the interdict, the curator should consider pre-interdiction documents, such as a will. The curator should also consider the personal preferences of the interdict, such as religious beliefs and values. 

The court will also appoint an undercurator to oversee the curator. 

5. What may the curator do and not do on behalf of the interdict?

The curator may accept donations on behalf of the interdict. He may not, however, make donations of the property of the interdict, unless the law allows it. The curator may place the interdict's property in a trust. The trust may be terminated by the interdict if the interdiction is terminated. If the interdict dies, the trust may be terminated by his heirs. The curator may not move the interdict's dwelling out of the state without authorization of the court. The curator may not consent to an abortion or sterilization of the interdict without authorization of the court. The curator may not commit the interdict to a mental health facility unless they follow the mental health commitment procedures that apply to all people.