Why an Interdiction is Necessary and How They Work

Estate Planning with Paul Rabalais

This video explains what a Louisiana interdiction is and when an interdiction is necessary, along with an introduction to the interdiction procedure. I've been involved in a number of interdictions over the years. They are never fun. They are always expensive to families, and time-consuming. The bad interdictions, in my opinion, tear families apart. Examples of when an interdiction may be necessary include when someone is not capable of handling their own affairs. Perhaps a piece of real estate needs to be sold and the person does not have the capacity to understand what they are doing. Perhaps they cannot transact their investment or financial accounts. Perhaps they cannot request medical records. Perhaps they are in danger of harming themselves, either physically or financially, and someone needs to intervene on their behalf. Maybe the person in the past had signed a power of attorney, but third parties are refusing to honor the power of attorney. Here are the standard procedures that must be followed when filing a petition to interdict someone in Louisiana: Petition. A petition for interdiction is filed at the proper courthouse. The petition must include information such as the names and addresses of the spouse and all of the adult children. Service. The sheriff's office must serve the petition on the defendant. At about this time, the petitioner is mailing a copy of the petition, registered mail, return receipt requested, to all of the people listed in the petition. Attorney Appointment. If the defendant makes no timely appearance through an attorney, the petitioner shall ask that the court appoint a court-appointed attorney to represent the defendant. The court-appointed attorney must visit the defendant. Fixing Hearings or Trial. A hearing or trial is fixed. The petitioner must mail a copy of the order fixing a hearing or trial to everyone named in the petition at least 10 days prior to the hearing. Hearing. The interdiction proceeding shall be heard. Judgment. If the judge interdicts the defendant, the judge will sign a judgment appointing a curator and undercurator. As you can see, there are a number of procedural steps that must be followed to successfully complete an interdiction. Removing someone's capacity to transact for themselves is a serious matter. This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship. Paul Rabalais Louisiana Estate Planning Attorney www.RabalaisEstatePlanning.com Phone: [phone]