You Want to Help. But You Need Legal Authority to Do It.
New Orleans families know how to come together when someone needs help. But there are situations where showing up isn’t enough; where a parent’s dementia has progressed to the point that someone needs legal authority to pay their bills, where a sibling with a serious disability is being taken advantage of and the family needs the court’s backing to intervene, where a spouse has had a medical event and the hospital needs a legally recognized decision-maker.
In Louisiana, getting that legal authority requires a court proceeding called interdiction. It’s what most of the country calls guardianship, but Louisiana’s civil law system uses its own terminology and its own procedures.
At Legacy Estate & Elder Law, we help New Orleans families through this process from start to finish. We file in Civil District Court for Orleans Parish, explain what the process requires, prepare families for what the hearing looks like, and help curators understand their ongoing responsibilities after the court appoints them.
Louisiana Calls It Interdiction. Here’s Why That Matters.
Louisiana is the only state in the country that does not follow English common law. Our legal system traces back to the French and Spanish civil codes — and that history shows up in ways that affect real families going through real situations.
If you search for guardianship information online, most of what you find will describe a process that does not match what happens in Louisiana courts. The terminology is different. The procedural steps are different. The specific roles and requirements are unique to this state.
Understanding the right terms before you walk into Civil District Court matters:
- Interdiction — the legal proceeding in which a court determines that a person cannot make decisions for themselves
- Interdict — the person the court has found to lack capacity
- Curator — the person appointed by the court to make decisions for the interdict; what other states call a guardian or conservator
- Undercurator — an oversight role appointed by the court alongside the curator, who can step in if the curator becomes unable to serve
Louisiana courts take interdiction seriously because it removes fundamental civil rights from another person. The person being interdicted has the right to an attorney, the right to appear at their own hearing, and the right to contest the proceeding — even when they cannot fully participate in their own defense.
Types of Interdiction We Handle for New Orleans Families
Full Interdiction
Full interdiction is appropriate when a person is completely unable to care for themselves or make any meaningful decisions — those in the advanced stages of Alzheimer’s or dementia, individuals with severe brain injuries, or those with profound developmental disabilities.
A curator appointed under full interdiction has authority over both the interdict’s personal life — medical decisions, living arrangements, daily care — and their finances. The interdict loses the legal capacity to enter contracts, make gifts, or take any binding legal action. It is the most comprehensive protection Louisiana courts can provide.
We file full interdiction petitions in Civil District Court for Orleans Parish and in courts throughout the metro area for families in Jefferson Parish, St. Tammany Parish, and surrounding areas.
Limited Interdiction
Louisiana law recognizes that not every person who needs protection has lost all capacity. Limited interdiction allows a court to grant a curator authority over specific domains — financial matters, for example — while the individual retains the right to make other decisions independently.
This approach is often right for someone who can still make personal choices about daily life but cannot safely manage their bank accounts, investments, or significant financial decisions. It may also fit someone whose capacity varies — who functions well most of the time but needs legal oversight in certain circumstances.
The court’s judgment in a limited interdiction is specific — it says exactly what the curator can decide and what the interdict retains the right to decide. That specificity is a meaningful protection of the interdict’s remaining dignity and autonomy. New Orleans families often find this approach more proportionate and less painful than full interdiction when limited protection is genuinely all that is needed.
Emergency Interdiction
When a loved one suddenly becomes unable to make safe or informed decisions, families may need immediate legal intervention. In Louisiana, an emergency interdiction allows the court to quickly appoint a temporary decision-maker to protect an individual who is at risk of harm due to incapacity. This process is designed for urgent situations—such as medical crises, exploitation, or rapid cognitive decline—where waiting for a standard interdiction proceeding could result in serious consequences.
Emergency interdiction is a short-term solution that gives a trusted person the authority to act on behalf of the individual, ensuring their health, safety, and financial well-being are protected. Because of its urgent nature, the court acts quickly, often with limited initial evidence, and schedules a follow-up hearing to determine whether a longer-term arrangement is necessary.
Curatorship — Ongoing Duties After Appointment
Being appointed curator is not the end of the process. It is the beginning of a court-supervised role that comes with ongoing legal obligations.
Louisiana requires curators to file annual accountings with the court — detailed reports showing every dollar of income received on behalf of the interdict, every expense paid, the current value of all assets, and any significant changes to the interdict’s financial situation. These accountings are reviewed by the undercurator and by the court.
Failure to file on time, or accounting for funds improperly, can result in contempt of court, removal as curator, or personal liability. New Orleans courts enforce these requirements consistently. We help curators understand their duties from day one and assist with the preparation of required annual accountings throughout the curatorship.
How the Interdiction Process Works in Orleans Parish
For an uncontested interdiction filed in Civil District Court for Orleans Parish, the process typically takes four to eight months from filing to a final judgment. Here is what happens along the way:
- A family member or other interested party files a petition for interdiction describing why the person cannot manage their own affairs and identifying who should be appointed curator
- The court appoints an attorney to represent the defendant — the person alleged to be incapacitated — regardless of whether they can meaningfully participate in their defense
- A medical or psychological evaluation is ordered to assess the defendant’s capacity; the examining professional’s report is central to the court’s decision
- A hearing is set; the defendant has the right to be present and contest the proceedings
- If the court finds clear and convincing evidence that interdiction is warranted, it issues a judgment naming the curator and specifying the scope of their authority
- The curator is formally authorized and the court’s ongoing supervision begins
For families with property or interests across the metro area — in Jefferson Parish, St. Tammany Parish, or elsewhere — we coordinate filings in the appropriate courts to ensure all relevant legal matters are properly addressed.
Contested interdictions — where the defendant or another party disputes the proceedings — take longer and involve more intensive litigation. We handle contested cases as well, representing petitioners or defendants as the family’s situation requires.
Interdiction Is Often Avoidable With Advance Planning
One of the most important things we tell New Orleans families is this: interdiction is often entirely avoidable if the right planning is done while the person still has capacity.
A properly drafted durable power of attorney gives a trusted person the legal authority to manage finances without any court involvement. A healthcare power of attorney does the same for medical decisions. When these documents are in place under Louisiana law, a family almost never needs to go through interdiction.
The window to put these documents in place closes when the person loses mental capacity. Once that happens, the documents cannot be signed and interdiction becomes the only path. We encourage every New Orleans family to think about this before a health event forces the issue.
If the window has already closed, we are here to help with the interdiction process. If it is still open — even just barely — we want to help you use it.
Common Questions New Orleans Families Ask About Interdiction
What is the difference between full and limited interdiction?
Full interdiction removes all legal decision-making capacity from the interdict. The curator makes every decision — financial, personal, medical. Limited interdiction is more targeted — the court identifies specific areas where the curator has authority and preserves the interdict’s rights everywhere else. Which is appropriate depends entirely on the individual’s actual level of capacity and the specific areas where they need protection.
How long does interdiction take in New Orleans?
An uncontested case in Civil District Court for Orleans Parish typically takes four to eight months from the date of filing to a final judgment. Cases that are contested by the defendant or disputed by other family members take longer, sometimes significantly so depending on the complexity of the disagreement and the court’s calendar.
What if the interdiction is contested?
The defendant in any interdiction proceeding has the right to contest it. They can present their own evidence of capacity, challenge the medical evaluation, or argue that a less restrictive alternative exists. We represent families in contested interdictions — both as petitioners and, in some circumstances, as attorneys for defendants who believe an interdiction petition is unwarranted.
Can a curator be removed?
Yes. If a curator is not fulfilling their duties, is mismanaging the interdict’s finances, or is no longer an appropriate person to serve, the court can remove them and appoint a successor. The undercurator, the court itself, or other interested parties can bring a removal action. We help families navigate both sides of this — removing a curator who is failing in their duties, or defending a curator who is being unfairly challenged.
Who We Serve in the New Orleans Area
Our New Orleans office is at 629 Cherokee Street and serves families by appointment. We love to see clients at our office, but we also hold initial consultations over Zoom or by phone. We file interdiction proceedings in Civil District Court for Orleans Parish and throughout the metro area:
- Civil District Court — Orleans Parish
- 24th Judicial District Court — Jefferson Parish
- 22nd Judicial District Court — St. Tammany Parish
- 34th Judicial District Court — St. Bernard Parish
- 25th Judicial District Court — Plaquemines Parish
- 29th Judicial District Court — St. Charles Parish
Why New Orleans Families Choose Legacy Estate & Elder Law
Our attorneys are board certified in Estate Planning and Administration by the Louisiana Board of Legal Specialization. Fewer than one percent of Louisiana attorneys hold that credential. The interdiction practice sits squarely at the intersection of elder law and estate planning — exactly where board certification matters most.
We have nearly 40 years of combined experience working in Louisiana courts and with Louisiana families under Louisiana’s unique civil law system. We know Civil District Court. We know what judges look for in an interdiction petition, what the medical evaluation process involves, and what curators need to know before they begin.
Families who come to us in this situation are already carrying a heavy weight. We do our best to make the legal part of it as clear, as efficient, and as dignified as we can. we know what it means to the families who come to us. to reach, and we treat their plan like it matters. That’s how we’ve built our reputation — and how we intend to keep it.