Knowledgeable Baton Rouge Attorneys Assist with the Interdiction Process
Diligent Louisiana counselors help you establish care for a loved one
When a loved one is unable to handle their own affairs or make their own decisions, it may be necessary for the court to appoint someone to handle those things for them. This legal authority is called guardianship in most states, but Louisiana calls it interdiction. C.J. Jenkins Law Firm, LLC in Baton Rouge helps families throughout Southern Louisiana that are facing these challenging circumstances. Our experienced interdiction lawyers will compassionately listen to your situation and work hard to represent your interests throughout this process.
What does the Louisiana interdiction process involve?
In a Louisiana interdiction, the incapacitated person is known as the interdict, and the person appointed by the court to act on the interdict’s behalf is known as the curator. Curators are often family members or other trusted representatives of the interdict. Once the interdiction is established, the curator has legal control over responsibilities such as medical decisions, paying bills and managing financial affairs for the interdict.
There is a high burden of proof involved in interdiction because it takes away a person’s authority to handle their own affairs. It is not a decision made lightly. The testimony of a physician and possibly other experts will be critical in satisfying this burden. The interdiction process usually involves:
- Filing a lawsuit for interdiction against the incapacitated individual
- Serving the lawsuit on that person
- Appointment of an attorney to represent the proposed interdict
- Having a court hearing
- Receiving a judgment of incapacity and appointment of a curator
If the court approves the interdiction, the curator will have an ongoing responsibility to submit accounting records and have transactions approved by the court.
Why you need a skilled interdiction attorney
There is nothing simple about Louisiana’s interdiction process. It’s a specialized legal procedure that must be followed to the letter if you wish to obtain the result you seek. Pleadings are required in a specified format, and there will be a hearing in front of a judge.
Many attorneys don’t have experience handling interdiction cases, so it’s vital that you retain one who understands this process and has a track record of positive results. Our firm understands state laws and procedures when it comes to interdictions. When you work with us, you can be assured that your lawyer is fully qualified to handle your interdiction case.
Contact a qualified Baton Rouge interdiction law firm for a free consultation
C.J. Jenkins Law Firm, LLC in Baton Rouge represents clients throughout Southern Louisiana during the interdiction process. Please call 225-513-8100 or contact us online to schedule a free initial consultation.