From time to time a family member comes into our office and is required to undergo an Interdiction proceeding (states outside of Louisiana call this a Guardianship) because their loved one is alive but unable to transact their own affairs - and they have not designated anyone to transact for them with a Durable Power of Attorney. For example, let's say that Mom had a stroke and needs to sell her house, but she no longer has the capacity to transact.
A Louisiana Interdiction is more complicated and time-consuming than most people think. Even when it is obvious that a person needs to be interdicted in Louisiana, you have to follow the rules. Here are the rules in general (Note: these are general rules and some circumstances require that additional steps be taken):
- A family member is the Petitioner and files the Petition for Interdiction. Need Petitioner's and proposed interdict's name, domicile, age, and current address, reasons why interdiction necessary, infirmities of proposed interdict.
- Petition must be served on the proposed interdict by the sheriff.
- Children and other parties must be notified by certified mail.
- If the proposed interdict does not hire an attorney and answer the petition within 15 days, the judge must appoint an attorney to represent the proposed interdict. The court-appointed attorney must personally visit the defendant.
- The court shall fixed a hearing or trial date.
- A Judgment signed by the judge must appoint a curator and an undercurator.
This procedure must be followed even if all parties are in agreement that someone needs to be interdicted.
If you have a loved one or family member that needs to be interdicted in Louisiana, let us know. We can expedite the preparation and filing of necessary Interdiction pleadings. Feel free to send me an email at paul@rabalaislaw.com, or give our office a call at 225-329-2450.
Paul Rabalais, Board Certified Specialist Attorney in Estate Planning and Administration
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