New Orleans Interdiction, Conservatorship, Guardianship Lawyer

Attorney in Orleans Parish, Louisiana for Legal Adult Protective Relationships

At Brown Weimer, LLC, we understand that this is a sensitive topic. Your loved one likely does not want to be placed under a legal protective relationship any more than you want to put them under a conservatorship, guardianship, or interdiction. However, sometimes taking this step is necessary to protect someone you love. if your loved one has reached a point where they are no longer capable of managing their own lives or affairs, then legally establishing a custodial relationship may be the kindest thing you can do for them.

Our attorneys strive to ensure that everyone involved in these cases is treated with the utmost degree of respect. We believe you when you tell us how capable, brilliant, or responsible your loved one always was, up until they were struck by incapacity. Our goal is to establish the legal relationship you and your loved one need to keep them and their estate safe and protected in the least invasive way possible. We take your privacy and needs seriously.

Understanding Interdiction in Louisiana

In Louisiana, the term "interdiction" is used to encompass the functions of a conservator and guardian. Our state uses this term to refer to a standard type of legally established adult protective relationship. The person deemed incapacitated is called the "interdict," while the person who functions as a guardian is called the curator.

Interdiction can come in different forms, depending on the needs of the interdict. The curator may become responsible for personal and medical care and decision-making, in addition to financial matters. A curator can generally establish a residence for the interdict, usually a skilled nursing facility. This type of arrangement sometimes becomes necessary when a person who clearly cannot safely remain at home refuses to voluntarily enter a care home.

Making the decision to pursue interdiction for an incapacitated loved on can be extraordinarily difficult and highly personal. Often, the intended interdict is a parent or elderly relative you have looked up to your whole life. Our lawyers cannot tell you when it is time for an interdiction. However, we can evaluate your case and help you determine whether your loved one likely meets the criteria for an interdiction.

Criteria for Establishing Interdiction

To establish an interdiction, we will need to help you prove to the court that your loved one is no longer capable of managing their own personal and financial matters. Generally, these guardianships are established for people who are elderly and suffering age-related conditions that affect the mind. Our firm practices other areas of elder law if you have additional needs.

However, interdictions can also be established for younger adults for reasons related to mental health or disability. Commitment is a closely-related legal concern when younger adults are involved.

Louisiana Lawyer for Help Avoiding Interdiction

Careful incapacity planning can help you avoid an interdiction for yourself later in life. We can help you take matters into your own hands now by creating powers of attorney and employing other strategies to help you prepare for the possibility that you may one day struggle with incapacity. Taking advantage of your ability to plan now can protect both you and your loved ones, who will likely have no need to go to court for an interdiction this way.

Unlike interdiction, powers of attorney can remain private and seamlessly transfer control to a person you choose should you be declared incompetent. If you are pursuing an interdiction for a loved one, you understand the emotional impact of these proceedings. You have the power now to protect your loved ones from going through the same thing, and our lawyers can help you do so.

Interdiction FAQs

Q

What Is Interdiction?

Answer: In the context of estate planning, "interdiction" refers to the legal process of appointing a guardian to manage the affairs of a person who is deemed incapable of making decisions or taking care of themselves due to mental or physical incapacity. This process is often used to protect the interests and well-being of people who are unable to handle their own affairs.

Q

Why Would a Person Choose Interdiction?

Answer: There are many reasons why interdiction may be necessary. Some people may choose an interdiction to protect vulnerable loved ones who cannot make good decisions or manage their affairs on their own due to mental or physical incapacity. An interdiction allows for a person’s financial affairs to be managed, such as by paying bills or managing investments. It also allows for healthcare decisions to be made to ensure the person receives appropriate medical care and treatment. Finally, an interdiction can help prevent exploitation, fraud, and abuse.

Q

What Are the Two Types of Interdiction?

Answer: Full interdiction – This is when a court declares a person fully incapacitated and appoints a guardian to assume complete control over their personal and financial matters. Under full interdiction, the person's decision-making authority is entirely transferred to the guardian, and they may require court permission for any significant decisions or transactions.

Limited interdiction – This is a less restricted form of interdiction. It is typically used when a person is only partially incapacitated or when their capacity for decision-making varies across different areas of their life. In this case, the court appoints a guardian to assist and support the person in specific areas where they lack capacity, such as managing finances or making medical decisions.

Q

What Is the Difference Between a Power of Attorney and an Interdiction in Louisiana?

Answer: While a power of attorney is a proactive and voluntary arrangement made by a person while they have capacity, interdiction is a legal process initiated by others when the person lacks capacity. Interdiction involves a court decision and a formal appointment of a guardian or curator, whereas a power of attorney is a personal agreement between the principal and agent.

Q

What Is a Curator?

Answer: A curator is a person appointed by the court to act as a legal representative and decision-maker for an incapacitated person. The role of a curator is similar to that of a guardian, but the term "curator" is specifically used in Louisiana law. The curator is responsible for managing the personal and financial affairs of the person under interdiction. The curator will have the authority to make decisions on behalf of the incapacitated person, ensuring their welfare and protecting their interests.

When a curator is appointed, the court considers the qualifications and competency of the potential curator, as well as the best interests of the person under interdiction. The curator has a legal duty to act in the incapacitated person's best interests and make decisions that promote their well-being and protect their interests.

Q

What Is an Undercurator?

Answer: An undercurator is simply someone appointed by the court to oversee the operations of the curator. It is the objective of the undercurator to make sure the curator is acting on behalf of the best interests of the interdicted person.

Contact an Orleans Parish Interdiction Attorney

Brown Weimer, LLC, is committed to helping you protect and care for your loved ones who can no longer manage their own affairs. Our attorneys are sensitive to the emotional effects of these cases while also offering strong advocacy. At our law firm, you will always be able to speak directly with a lawyer. We remain responsive to your questions and concerns throughout the process. Contact us online or call 504-561-8700 to receive a complimentary and confidential consultation. We represent clients throughout the metropolitan New Orleans area, including Jefferson Parish, St. Tammany Parish, St. John the Baptist Parish, Lafourche Parish, Terrebonne Parish, Mandeville, Covington, Houma, Gretna, Metairie, Kenner, Slidell, Thibodaux, and Harvey.

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