Experienced Louisiana Interdiction Attorney Protecting Vulnerable Adults
Last updated on December 4, 2025
Interdiction is a legal process in Louisiana that allows courts to appoint someone to make decisions for adults who cannot manage their own affairs due to mental incapacity. This protective measure becomes necessary when cognitive decline, or other conditions, prevent individuals from handling financial matters, medical decisions, or daily living needs. This can be a complex, emotional process, so working with an interdiction attorney helps to simplify the situation as families work to help their loved one.
At Betsy A. Fischer & Associates, LLC, we guide families throughout New Orleans and surrounding Louisiana parishes through this difficult but often essential legal process. Our elder law attorney, Betsy A. Fischer, recognizes that this is a challenging time, and our knowledgeable team provides caring guidance through each step of the legal process.
We can help you make a compelling case to a judge for the need for a guardian to hold or manage their assets/property. We understand that you may encounter some difficult decisions and conversations as a part of this process, and we can provide you with the support and guidance necessary to help you approach them.
What Is The Difference Between Full And Limited Interdiction?
Louisiana law recognizes two interdiction types based on the level of incapacity. Full interdiction applies when individuals completely lack the capacity to care for themselves or manage any aspect of their affairs. When a judge determines that an individual is incapable of consistently making decisions about their personal welfare and property, a full interdiction is imposed. Courts appoint curators who assume complete decision-making authority over the interdict’s person and property, essentially replacing the individual’s legal capacity entirely.
Limited interdiction applies when individuals retain some decision-making ability but need assistance with specific areas. When a court concludes that an individual is incapable of consistently making decisions about his or her person or property, or some part of either, a limited interdiction is imposed. Courts identify particular powers the individual cannot exercise while allowing them to retain control over other aspects of their lives. This less restrictive option preserves dignity and independence to the greatest extent possible.
A Curator Is Appointed By The Court To Manage The Person’s Affairs
When a court decides that a person should be interdicted either fully or partially, it will assign a curator. A curator is a person appointed by the court to look after the interdicted person or his property, make decisions for the interdicted person, or act in his or her place. When making these judgments, the curator must use reasonable care, diligence and prudence, and act in the interdicted person’s best interests. A curator must also provide an annual report to the court. If you have questions about your specific circumstances, our interdiction lawyer is here to help.
How Does Incapacitation Relate To Interdiction In Louisiana?
Louisiana interdiction law requires proving the person lacks the capacity to consistently make reasoned decisions regarding their person or property. Incapacitation may result from mental illness, intellectual disability, dementia, traumatic brain injury or other conditions impairing judgment and reasoning. The standard focuses on functional ability rather than medical diagnosis alone.
Courts evaluate whether individuals understand the nature and consequences of their decisions, can communicate choices, and possess the mental capacity to manage their affairs. Medical evidence, including physician evaluations, psychological assessments and testimony about the person’s functional limitations, establishes the degree of incapacity justifying interdiction.
How Do You File For Interdiction With An Interdiction Attorney?
An interdiction lawyer initiates proceedings by filing a petition in the parish where the allegedly incapacitated person resides. The petition must detail facts demonstrating incapacity and identify the proposed curator. Courts then appoint attorneys to represent the individual and an examining physician to evaluate capacity. Hearings allow presentation of medical evidence and testimony before judges determine whether interdiction is warranted and what type is appropriate.
Contact Our New Orleans Interdiction Attorney
There can be other legal remedies available if interdiction is not in someone’s best interest. To discuss interdiction matters with an experienced interdiction attorney in Louisiana, call our firm at CALL or contact us through our online form for a confidential consultation at a reduced rate. At Betsy A. Fischer & Associates, LLC, we are proud to serve the citizens of the New Orleans area with elder law, family law, and estate planning services.