Interdiction

When a petition for interdiction is pending, a court may order a temporary or preliminary interdiction when there is a substantial likelihood that grounds for interdiction exist and substantial harm to the health, safety, or property of the person sought to be interdicted is imminent.

The court will appoint a curator to represent the interdict in juridical acts and to care for the person or affairs of the interdict, or any aspect of either. The duties and powers of a curator commence upon his/her qualification. In discharging his/her duties, a curator must exercise reasonable care, diligence, and prudence and shall act in the best interest of the interdict.

The court will confer upon a curator of a limited interdict only those powers required to protect the interests of the interdict.

The court will also appoint an undercurator to discharge the duties prescribed for him/her by law. The duties and powers of an undercurator commence upon qualification. In discharging his/her duties, an undercurator mustexercise reasonable care, diligence, and prudence and must act in the best interest of the interdict.

The court shall appoint as curator the qualified person who is best able to fulfill the duties of his/her office.

The following persons are not qualified to serve as a curator of an interdict:

• A person under eighteen years of age.
• An interdicted person.
• A nonresident of the state without a resident agent for service of process.

• A convicted felon.
• A person indebted to the interdict at the time of appointment.
• An adverse party in a lawsuit pending against the interdict at the time of appointment.
• An owner, operator, or employee of long-term care institutions where the interdict is receiving care, unless he is related to the interdict.

• A person designated by the defendant in a writing signed by him while he had sufficient ability to communicate a reasoned preference.
• The spouse of the defendant.
• An adult child of the defendant.
• A parent of the defendant.
• An individual with whom the defendant has resided for more than six months prior to the filing of the petition.
• Any other person.

An interdiction proceeding is filed in the parish where the proposed interdict is domiciled, where he/she resides if he/she has no domicile in this state, or where he/she is physically present if he/she has no residence in this state.

The experienced attorneys of The Norris Law Group know first-hand the emotional impact that comes from having a loved one who is unable to care for themselves. Your legal matter should be handled by attorneys with both compassion and legal expertise. Allow the experienced attorneys of The Norris Law Group to provide effective and efficient legal representation in your time of need.

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