What is an interdiction?
An interdiction is a legal process whereby a court is asked to determine, from testimony and other evidence presented, whether a person is unable, due to an infirmity, to consistently make decisions regarding his person and/or his property or to communicate those decisions. If an interdiction is granted, the court appoints someone to make these decisions for him/her.
What is a full interdiction?
A full interdiction occurs when a court determines that the individual in question is incapable of making decisions about his personal matters AND his property.
What is a limited interdiction?
A limited interdiction occurs when a court determines that the individual is incapable of making decisions about his personal matters OR his property, or some part of either category. For example, a person with dementia might be able to make decisions about where he will live but he might not be able to handle his financial responsibilities.
Why would an interdiction be necessary?
There are dozens of reasons why an interdiction would be necessary. People who have dementia, Alzheimer’s disease, or other neurological ailments that prevent consistent competence in everyday matters. Other examples of circumstances where an interdiction might be necessary are mental health challenges like schizophrenia and forms of psychoses. Finally, an interdiction might be advised if a person is in a physical vegetative state and cannot communicate.
Who’s in charge?
A curator is appointed by the court to care for the interdicted person or his affairs. The curator will make decisions for the interdicted person and/or act in place of the interdicted person. The curator will make some or all decisions for the interdicted person (depending on whether it’s a full or limited interdiction). The curator must always act in the best interest of the interdicted person
Additionally, an undercurator is appointed by the court to make sure that the curator is acting in the best interest of the interdicted person.
It is important to note here that an interdiction is sometimes referred to as a “civil death.” A full interdict loses control of virtually every aspect of his life. This even includes family law matters like child custody and marriage. Interdiction is a decision not to be made without forethought and careful consideration. It is important to talk to an attorney to consider all of the options available.
Though this is not a common topic of discussion, it is an important topic of discussion. Should you or someone you know be in a situation where an interdiction might be necessary, please call the office to set up a consultation. It’s important to know all of the options before making a decision.
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A GUIDE TO LOUISIANA SUCCESSIONS AND MISSISSIPPI PROBATE
This guide is intended to answer some of the most frequently asked questions regarding Louisiana successions and Mississippi probate.
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