Baton Rouge Interdiction Lawyer

Baton Rouge Interdiction Attorney

Unfortunately, it’s normal to witness your loved ones begin to show signs of aging, including diminishing or deteriorating energy, mind, resolution, character, or other physical faculties. Further complications may appear when that individual is at risk of inadequately making decisions concerning their health or property, such as finances or a business. If you’d like to take action to protect your legally incapable relative or associate, contact a compassionate Baton Rouge interdiction lawyer from Magnolia Law.

What Is an Interdiction in Louisiana Law?

An interdiction is a legal process wherein a court determines if an individual is unable to consistently make or communicate decisions regarding their person and/or their property due to an infirm, weak, or feeble age or state. Interdictions are often related to estate planning proceedings.

If, after being presented with evidence and testimonies, the court finds that the individual indeed does appear to show signs of infirmity, a representative will be appointed to legally make the applicable decisions for them. This figure is known as the interdicted person’s curator. The court will also appoint an under-curator who ensures the curator is fulfilling their duties and acting in the interdicted individual’s interests only.

Full Interdiction vs. Limited Interdiction

A full interdiction is put forth by the court when they decide the infirm person is incapable of consistently making choices regarding both their person and their property. A limited interdiction is instated when the court determines that the individual is legally incapable of making decisions concerning either their property or their person or some portion of either area.

For example, a limited interdict may be chosen by the court if the individual’s infirm state may not affect their ability to make financial decisions but renders them incapable of consistently making sound choices regarding their health or medical treatment.

What Is the Purpose of Interdiction?

The purpose of an interdict order in Baton Rouge is to address the concerns of the family and business affiliates of an aging or otherwise potentially deteriorating person who holds considerable independent power over assets and their own well-being. Interdiction may be proposed by concerned parties during estate and retirement planning.

Bringing the matter to a court setting definitively determines whether their doubts about the legal capacity of the elderly person in question are valid or not and to what degree. Additionally, interdiction is often pursued with the interests of the elderly party in mind, such as seeking the most appropriate living conditions for their health and ensuring their assets are handled with full consideration.

The affected and relevant parties may have reasonable concern for their associate/family member’s ability to make effective legal, financial, or medical decisions if the aging person begins displaying signs of legal incapacity. This development may be reflected in symptoms of a weakening mental and/or physical state.

What Is the Power of an Interdiction?

Someone who is under a full interdict is prevented from conducting any expressions/actions of their will or intentions where they could be enforceable or subject to consequences through legal measures, such as entering into or signing contracts.

A limited interdict bars the person from making juridical acts or final decisions concerning the properties or particular aspects of personal care, as specified by the court that was appointed to the curator to enact authority over.

When an interdiction is initiated, the court-appointed curator is made responsible and given the legal authority to care for the interdiction person and/or their financial dealings. The curator is also in charge of making decisions for or acting in the place of the individual; they are obligated to file an annual report to the court detailing all decisions made on the interdicted person’s behalf and their sold or purchased assets.

How Do I Get an Interdiction in Louisiana?

Approaching the often lengthy law process of legal incapacity protection in Louisiana can be overwhelming, and it’s wise to begin with the help of an interdiction attorney. A petition for interdiction may be filed by any person who has a significant relationship with the aging or incapacitated individual.

The petition will need to be filed in tandem with multiple affidavits, such as:

• Affidavit by a Licensed Physician/Psychologist that corroborates the claims.
• Affidavit by Mover/Attorney that describes either the lawyer’s efforts to give notice or reasons why providing notice should be optional and also supports the proposed statements.
• Verification of Affidavit that confirms assertions that immediate damage, injury, or loss will impact the person or their property prior to the initial interdiction hearing.

After drafting the interdiction petition, you must file it in a courthouse located where the alleged infirm defendant currently resides. The defendant must be personally served the petition, and failure to do so prevents the court from granting any outlined requests. Soon after, a court hearing will be held, and the petitioner and defendant, both required to attend, will have their arguments represented by legal counsel providing evidence.

Afterward, the judge will decide whether to grant an interdiction (and to what extent) or to deny the petition. If either party disagrees with the verdict, they can file an appeal within 30 days of the court hearing.

How Much Does an Interdiction Cost in Louisiana?

Interdictions are known to be an expensive process, but the exact cost will vary from case to case. Impacting factors that influence the total expenses include the physical/mental condition of the potentially infirm person, their family situation, and the amount of property or assets in their possession.

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

An interdiction is a legal process that is initiated by a party other than the purported incapable individual and involves the decision and appointment of a representative by the court.

A Power of Attorney (POA) is a mandate or contract procured by an individual voluntarily and in anticipation of potential legal incapacity/infirmity. The person chooses when and who will legally oversee the designated properties or tasks, and the chosen representative is called the agent or mandatary.

Take Care of Your Loved One and Their Interests by Contacting Magnolia Law

If you’re considering the process of interdiction in regard to someone close to you, schedule a consultation with Magnolia Law. Our skilled, qualified Baton Rouge interdiction lawyer can help when your loved one is no longer fully capable of making legal or medical choices for themselves.