Adults generally have the right to manage their own affairs. They choose where they work, how they spend their money and what medical care they receive. If they make mistakes, they are responsible for addressing the consequences of their decisions.
In some circumstances, other adults may become concerned about an individual’s choices regarding their health, daily life or finances. They may even seek to intervene by asking the courts for interdiction. Under Louisiana state statutes, individuals with proof of an adult’s mental incapacity can request support from the courts.
In such cases, the courts may authorize a competent adult to manage the finances, daily life and medical care of a vulnerable individual. Generally speaking, adults retain that authority for themselves indefinitely. At what point might the courts determine that an individual has become incapacitated?
Medical review is mandatory
Unsubstantiated allegations of confusion or cognitive decline are not enough to convince the courts to limit a legal adult’s authority over their own life, medical care and finances. For the courts to subject an adult to guardianship through interdiction, there must be compelling medical evidence establishing that person’s incapacity.
Incapacity involves an inability to understand circumstances, recall critical information and make decisions in one’s own best interests. Dementia, age-related cognitive decline, severe mental illness and brain injuries are all examples of medical challenges that could lead to a person’s incapacity.
As mentioned above, simple allegations of cognitive decline or problematic decision making are not enough for the courts to intervene. Those alleging incapacity must secure medical documentation from not one but two separate licensed physicians affirming that an individual is no longer capable of managing their own affairs and acting in their own best interests.
Concerned family members and other interested parties often require support as they document issues, communicate with medical professionals and prepare a case when asking the courts for interdiction related to adult incapacity.
Consulting with an attorney can help families ensure they follow the right procedures and take necessary steps to protect a vulnerable loved one. Establishing incapacity and pursuing interdiction can be a complex process, and those with legal support may have an easier time meeting the strict standards imposed by state statutes.