When Full Interdiction is Necessary
Full interdiction is the most comprehensive form of legal protection Louisiana provides for incapacitated adults. It is appropriate when a person is completely unable to make any decisions for themselves—when they cannot understand information, communicate preferences, or appreciate the consequences of decisions.
At Legacy Estate & Elder Law, we help families pursue full interdiction when it’s truly necessary, while always keeping the dignity and best interests of the incapacitated person at the center of our approach.
When is Full Interdiction Appropriate?
Full interdiction is appropriate when a person is completely unable to make decisions for themselves due to advanced dementia or Alzheimer’s disease, severe traumatic brain injury, profound intellectual or developmental disability, severe mental illness that completely impairs judgment, or late-stage neurological conditions.
The key question is whether the person has any meaningful capacity to make decisions. If they retain some abilities—even limited ones—a limited interdiction may be more appropriate.
The Full Interdiction Process
Filing the Petition
A family member or other interested person files a petition for interdiction in the parish where the defendant (the person alleged to be incapacitated) resides. The petition must describe the defendant’s condition and why they cannot care for themselves, identify who should be appointed curator, and provide evidence of the defendant’s incapacity.
Appointment of Counsel
Louisiana law requires that the defendant have legal representation, even if they cannot participate meaningfully in the proceedings. The court will appoint an attorney if the defendant doesn’t have one.
Medical Examination
The court orders a medical or psychological examination of the defendant. A qualified physician or psychologist must certify that the defendant lacks capacity to make decisions. This examination is critical evidence in the interdiction hearing.
The Hearing
The court holds a hearing where evidence of incapacity is presented. The defendant has the right to be present and contest the interdiction, though this is often not practically possible for those who are completely incapacitated.
If the court finds clear and convincing evidence that the defendant cannot make decisions for themselves, it will issue a judgment of full interdiction and appoint a curator.
Who Can Be Appointed Curator?
The court appoints a curator based on the best interests of the interdict. Louisiana law establishes a preference order: spouse, adult children, parents, siblings, and other family members.
However, the court will consider the proposed curator’s ability to fulfill the duties, their relationship with the interdict, any conflicts of interest, and the interdict’s preferences (if they expressed preferences before losing capacity).
The petition can nominate a curator, and the court usually follows this nomination unless there’s a reason not to.
Curator Responsibilities Under Full Interdiction
As curator under a full interdiction, you are responsible for all aspects of the interdict’s life, including personal care decisions (housing, daily care, medical treatment), financial management (paying bills, managing assets, handling legal matters), court reporting (filing annual accountings, reporting significant changes), and protecting the interdict (ensuring they receive proper care and are not exploited).
Annual Accountings
Louisiana requires curators to file annual accountings with the court showing how the interdict’s money has been managed. These accountings must detail all income received, all expenses paid, current asset values, and any significant changes.
Failure to file timely accountings can result in removal as curator or contempt of court.
The Interdict’s Rights Under Full Interdiction
Even under full interdiction, the interdict retains certain rights. The curator must act in the interdict’s best interests—not their own convenience. The interdict has the right to humane treatment and appropriate care, to have their preferences considered when possible, and to petition for modification or termination of the interdiction if capacity is regained.
Contact Louisiana Full Interdiction Attorneys Today
Pursuing full interdiction is a significant step that removes fundamental rights from another person. At Legacy Estate & Elder Law, we help families navigate this process with compassion, ensuring proper procedures are followed while keeping your loved one’s dignity and welfare at the center of every decision.
We serve families throughout Louisiana from our offices in Baton Rouge, New Orleans, and Lake Charles. Contact us today to schedule a consultation.