Watching a parent struggle with money, safety or memory can leave you unsure where to turn. Louisiana offers a court process called interdiction for adults who can no longer protect themselves. This article walks through the steps families in Metairie and New Orleans may face.
What interdiction means in Louisiana
Interdiction is similar to guardianship or conservatorship in other states. Louisiana Civ. Code article 389 allows full interdiction if an infirmity keeps an adult from making reasoned decisions. The court also asks whether less restrictive tools, such as a power of attorney, could protect your parent.
La. Civ. Code art. 390 gives courts a narrower path called limited interdiction. It could restrict only one area of your parent’s life, such as finances. Judges may favor the least restrictive option that still protects your parent. Because interdiction limits civil rights, you must show incapacity by clear and convincing evidence.
Steps for Jefferson and Orleans parishes
The process moves from medical proof to ongoing court oversight. Families in both parishes generally follow these steps:
- Physician’s certificate: A doctor or psychologist documents your parent’s infirmity.
- Petition: You file in the 24th Judicial District Court for Jefferson Parish or Civil District Court for Orleans Parish.
- Service: A sheriff may personally serve your parent, and close family may receive copies.
- Counsel and examiner: The court may appoint an attorney and an independent medical examiner.
- Hearing: A judge, not a jury, reviews the medical records and testimony.
- Judgment: The judge may name a curator and an undercurator.
Local timing and forms can differ, so the clerk’s office can confirm current requirements.
What happens after the judgment
The curator becomes the main decision-maker. That role may include housing, medical consent and finances. The undercurator monitors the curator and reports concerns to the court. The curator should also file an inventory of assets. Annual accountings must document how money was spent.
Protecting your parent and your family
Interdiction moves from a physician’s certificate to a petition, a hearing and ongoing court reports. Louisiana designed these steps to protect vulnerable adults while limiting lost rights. Knowing them can help you prepare for a stressful season with fewer surprises. You can also read about related family court issues before you decide. If your situation becomes more complicated, an attorney can help you understand your options.