When Someone Can No Longer Make Decisions
Few things are harder than watching someone you love lose the ability to make decisions for themselves. Whether due to dementia, a stroke, traumatic brain injury, or severe mental illness, when a person can no longer manage their own affairs or make sound decisions about their care, family members face an impossible situation—they want to help, but they may have no legal authority to do so.
Louisiana law provides a solution through a process called interdiction. If you’re from another state, you may know this as guardianship or conservatorship—but Louisiana’s civil law system uses different terminology and procedures. At Legacy Estate & Elder Law, we help families throughout Louisiana navigate interdiction with compassion, guiding you through the legal process while keeping your loved one’s dignity and best interests at the center of every decision.
Understanding Interdiction in Louisiana
Interdiction is a legal proceeding where a court determines that a person (called the “defendant” in the proceeding) is unable to make decisions for themselves and appoints someone (called a “curator”) to make decisions on their behalf. This is a significant legal action because it removes fundamental rights from another person—the right to manage their own money, make their own medical decisions, or decide where they live.
Because interdiction is so significant, Louisiana courts take these cases seriously. The person alleged to be incapacitated has the right to an attorney, the right to be present at the hearing, and the right to contest the interdiction. The court will only grant interdiction if there is clear and convincing evidence that the person truly cannot make decisions for themselves.
Louisiana’s Unique Legal Terminology
Louisiana uses different terms than other states for guardianship proceedings. Understanding these terms is essential.
Interdiction is what other states call guardianship or conservatorship—the legal process of having someone declared unable to care for themselves. The Interdict is the person who has been interdicted (declared incapacitated). The Curator is the person appointed to make decisions for the interdict (what other states call a guardian or conservator). The Undercurator is a backup curator who can serve if the primary curator is unable.
These distinctions matter because Louisiana’s procedures differ significantly from what you might find online about guardianship in other states.
Types of Interdiction in Louisiana
Louisiana law recognizes that not everyone who needs help needs to lose all their rights. The law provides for different levels of interdiction based on the person’s actual capabilities.
Full Interdiction
Full interdiction is appropriate when a person is completely unable to make any decisions for themselves. This typically applies to individuals with advanced dementia, severe brain injuries, or profound developmental disabilities who cannot understand or communicate decisions about their personal care or finances.
Under full interdiction, the curator has authority over both the interdict’s person (healthcare, living arrangements, daily care) and their property (finances, assets, legal matters). The interdict loses the right to vote, marry, make contracts, or make any legal decisions.
Limited Interdiction
Limited interdiction is designed for individuals who can make some decisions but not others. For example, someone with mild dementia might still be able to decide what to eat and wear but may not be able to manage complex financial decisions. A person with mental illness might function well when stable but need help during episodes.
Under limited interdiction, the court specifies exactly which rights the curator controls and which rights the interdict retains. This preserves as much autonomy as possible while still protecting the person from harm. The court’s judgment will list the specific powers granted to the curator.
The Louisiana Interdiction Process
Filing for interdiction in Louisiana involves several steps, and the process typically takes two to four months from filing to final judgment—longer if the interdiction is contested.
The petition filing begins when a family member or other interested person files a petition for interdiction in the parish where the defendant resides. The petition must describe why the person is unable to care for themselves and who should be appointed curator.
Louisiana law requires that the defendant have legal representation, even if they cannot participate meaningfully in their defense. The court will appoint an attorney if the defendant doesn’t have one.
The court will order a medical or psychological examination to determine the defendant’s mental capacity. This report is critical evidence in the interdiction hearing.
At the hearing, evidence of incapacity is presented. The defendant has the right to be present and to contest the interdiction. If the court finds that interdiction is warranted, it will issue a judgment naming the curator and specifying their powers.
Curator Duties and Responsibilities
Being appointed curator is a serious responsibility. Louisiana law imposes specific duties on curators, and failure to fulfill these duties can result in removal, personal liability, or even criminal charges.
Annual Accountings Required by Louisiana Courts
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 on behalf of the interdict, all expenses paid, the current value of all assets, and any significant changes to the interdict’s financial situation.
Failure to file timely accountings can result in the curator being held in contempt of court or removed from their position.
Avoiding Interdiction Through Advance Planning
While interdiction is sometimes necessary, it can often be avoided through proper estate planning before incapacity occurs. A well-drafted durable power of attorney allows you to designate someone to manage your finances if you become unable to do so. A healthcare power of attorney allows someone to make medical decisions on your behalf. These documents, when properly prepared under Louisiana law, can provide all the authority a family needs without the time, expense, and emotional difficulty of interdiction.
If your loved one still has capacity to execute legal documents, consider consulting with an estate planning attorney before pursuing interdiction. There may be simpler solutions available.
Contact Louisiana Interdiction Attorneys Today
If someone you love can no longer make decisions for themselves, Legacy Estate & Elder Law can help you understand your options and navigate the interdiction process. We approach every case with compassion, recognizing that behind every legal filing is a family struggling with one of life’s most difficult situations.
We serve families throughout Louisiana from our offices in Baton Rouge, New Orleans, and Lake Charles. Contact us today to schedule a consultation.