Representing Petitioners & Defendants in Louisiana Interdiction Cases
Louisiana uses the term interdiction where other states use guardianship or conservatorship. When an adult can no longer make reasoned decisions about their personal care or finances due to dementia, Alzheimer’s disease, traumatic brain injury, severe mental illness, or profound disability, a court may appoint a curator to act on their behalf. Under Louisiana Civil Code Article 389, full interdiction is available when a person’s interests can’t be protected by less restrictive means.
At Olsen Law Office, we handle interdiction cases on both sides. We represent family members petitioning the court to protect a loved one, and we represent individuals contesting a petition filed against them. Our firm is based in Mandeville and serves clients throughout St. Tammany Parish. Because interdiction petitions are filed in the parish where the defendant resides, St. Tammany Parish residents have their cases heard locally, and having an attorney who knows that court matters. Parents of children who have turned 18 should also know that once tutorship is no longer available, interdiction may be the appropriate next step.
Whether you’re seeking to protect a loved one or facing an interdiction petition yourself, Olsen Law Office can help. Call (985) 256-3553 to schedule a consultation.
Full Interdiction vs. Limited Interdiction
Louisiana law recognizes two types of interdiction, and courts are directed to use the least restrictive means of protection when determining which applies.
Full Interdiction Full interdiction transfers all decision-making authority to the curator. The interdict loses the legal capacity to enter contracts or make any juridical act. This applies only when the person’s incapacity is total and pervasive.
Limited Interdiction Limited interdiction allows the interdict to retain rights in areas where they still have capacity. A curator might be appointed only for financial decisions, for example, while the interdict continues making personal or medical choices. A limited interdiction judgment must specifically enumerate the powers granted to the curator and state that the interdict retains all other capacity. If limited interdiction can adequately protect the person’s interests, the court shouldn’t order a full interdiction. The standard of proof for both is clear and convincing evidence.
The Curator & Undercurator Roles
When the court grants an interdiction, it appoints a curator to manage the interdict’s affairs. Louisiana law sets a preference order for who may serve.
Curator Preference Order
The court follows a statutory preference when selecting a curator:
A person previously designated in writing by the interdict while they had capacity
The interdict’s spouse
An adult child of the interdict
A parent of the interdict
A person with whom the interdict has resided for more than six months prior to the filing of the petition
After these enumerated preferences, the court appoints whoever is best qualified to fulfill the duties of the office. The court may appoint separate curators for the interdict’s person and for their financial affairs. Persons disqualified from serving include anyone under 18, an interdicted person, and a nonresident of Louisiana without a resident agent for service of process. Before their powers commence, the curator must post a bond and file a qualifying oath. The court may revoke the appointment if the curator doesn’t qualify within 10 days.
The Undercurator’s Role
Alongside the curator, the court appoints an undercurator, a separate oversight role that many families don’t know exists. The undercurator’s job is to ensure the curator acts in the interdict’s best interest, review annual reports the curator files with the court, and notify the court if the curator isn’t fulfilling their duties. It’s a meaningful protection built into Louisiana’s interdiction framework.
The Interdiction Process in St. Tammany Parish
Families considering interdiction often want to know what to expect before committing to the process. While every case is subject to the court’s discretion, the general steps are consistent.
Filing the Petition
The process begins when a family member or other interested person files a petition in St. Tammany Parish describing the defendant’s condition and identifying the proposed curator. Louisiana law requires that the defendant have legal representation throughout the proceedings. If the defendant doesn’t have their own attorney, the court may appoint one.
Examination, Hearing & Judgment
The court may order a medical or psychological examination, and a qualified physician or psychologist may be required to certify that the defendant lacks the capacity to make decisions, though the scope and timing may vary based on the court’s order. A hearing follows at which evidence of incapacity is presented under the clear and convincing evidence standard. The defendant has the right to be present and contest the petition. The court may also issue protective orders to safeguard the interdict’s interests before a curator is formally qualified. If interdiction is granted, the judgment may take effect retroactive to the date the petition was filed.
Ongoing Curator Duties & the Interdict’s Rights
Interdiction isn’t a one-time court order. The curator takes on continuing legal responsibilities, and the interdict retains meaningful rights even after the judgment is entered.
What the Curator Is Responsible For
A curator managing financial affairs must file an annual accounting with the court detailing all income received, expenses paid, current asset values, and any significant changes during the year. Failure to file can result in removal or contempt proceedings. The curator also manages medical and placement decisions and may file lawsuits on the interdict’s behalf. That said, certain actions require separate legal procedures: moving the interdict’s place of dwelling outside Louisiana, consenting to abortion or sterilization, or committing the interdict to a mental health facility.
Rights the Interdict Retains
Even under full interdiction, the interdict retains the right to humane treatment and appropriate care, to communicate and visit with family, and to petition the court for modification or termination if capacity is regained. Interdiction isn’t necessarily permanent. The court may modify or terminate it for good cause, and it terminates automatically upon the interdict’s death.
Talk to an Interdiction Attorney in St. Tammany Parish
Whether you’re beginning the process of protecting a vulnerable family member or you’ve been served with an interdiction petition and need to respond, our St. Tammany Parish interdiction attorneys can help. We take time to understand your specific situation and can walk you through what Louisiana law requires and what your options are.
What is the difference between full and limited interdiction in Louisiana?
Full interdiction transfers all legal decision-making authority to the curator; the interdict can’t enter contracts or make any juridical act. Limited interdiction allows the interdict to keep rights in areas where they still have capacity, for example, making personal or medical decisions while a curator handles finances. Louisiana courts are directed to use the least restrictive means of protection, so limited interdiction is ordered when it can adequately protect the person’s interests.
What is an undercurator and what do they do?
An undercurator is a separate court-appointed role created alongside the curator. The undercurator ensures the curator acts in the interdict’s best interest, reviews the annual reports the curator files with the court, and notifies the court if the curator isn’t fulfilling their duties. It’s an oversight function built into Louisiana’s interdiction law to protect the interdict from potential mismanagement.
Can an interdiction be reversed or modified after it is granted?
Yes. Louisiana law allows the court to modify or terminate an interdiction for good cause, including evidence that the interdict has regained capacity. Interdiction also terminates automatically upon the interdict’s death. If circumstances change, either party may petition the court to revisit the original judgment.
What is the difference between interdiction and a power of attorney, and can a power of attorney avoid the need for interdiction?
A power of attorney is a voluntary document a person signs while they still have capacity, authorizing someone to act on their behalf. Interdiction is a court-imposed process used when a person no longer has the capacity to sign such a document. Proper incapacity planning, including durable powers of attorney, can sometimes reduce the need for interdiction. Once capacity is lost, however, that option is no longer available and court intervention may become necessary.
What responsibilities does a curator have after being appointed in St. Tammany Parish?
Once appointed, a curator must manage the interdict’s personal and financial affairs, which may include making medical and placement decisions, filing lawsuits on the interdict’s behalf, and submitting an annual accounting to the court detailing income, expenses, and asset values. These obligations exist to protect the interdict and support transparency in the management of their affairs.
What steps should I take if I need to interdict a loved one or if I’m facing an interdiction lawsuit in St. Tammany Parish?
Whether you’re initiating an interdiction or responding to one filed against you or a loved one, the most important step is to speak with an attorney as soon as possible. Lindsey S. Olsen handles interdiction cases on both sides in St. Tammany Parish, helping families understand the legal process, prepare the required documentation, and represent their interests in court.
Attorney at LawLindsey S. Olsen
Lindsey is a lifelong resident of the Northshore, having graduated from Fontainebleau High School. She then went on to receive a Bachelor of Arts from Louisiana State University, and her Juris Doctor from Loyola University New Orleans College of Law. During her time spent at Loyola University New Orleans College of Law, she was a student practitioner in the Family Law Section of the Stuart H. Smith Law Clinic and Center for Social Justice.
When my father passed away. We reached out to Lindsey Olsen to do his succession. It was a very difficult time for my mother, brother, and I. She was incredibly patient and professional. All our questions were answered and the process was as smooth as possible. She proved to be reliable, trustworthy and honest. We will definitely use her services again.
Cheraine
“She is very organized and efficient and clearly explained the final steps of the process.”
Lindsey Olsen provided an excellent service and put her vast knowledge of family and estate planning on full display. She is a true professional and made all of the concerning legal matters regarding our wills and continuing tutorship for our special needs son a walk in the park. She is very organized and efficient and clearly explained the final steps of the process. We enjoyed working with Lindsey and certainly recommend her to other prospective clients.
Lisa & Craig
“I am so grateful for her services.”
Lindsey has such a calm and empathetic demeanor. She offered so much emotional support for my family and I while remaining focused on our best interest at all times, she explains everything in detail, and is readily available to answer any of my questions. Lindsey is knowledgeable, trustworthy, and to the point. I am so grateful for her services.
