In Louisiana, a full interdiction removes all of a person’s legal rights to make decisions, while a limited interdiction removes only specific rights—allowing the person to retain as much independence as possible. Courts are required to use the least-restrictive option necessary to protect the individual.
What Is a Full Interdiction in Louisiana?
A full interdiction is ordered when someone can no longer consistently make or communicate reasoned decisions about their personal care, finances, or property.
It gives a court-appointed curator full authority to act on the person’s behalf.
Examples of when a full interdiction may be needed:
- Advanced Alzheimer’s or dementia
- Severe mental illness or traumatic brain injury
- Developmental disability that prevents any independent decision-making
Once a full interdiction is granted, the curator can make all legal, financial, and healthcare decisions, while the interdict (the person being protected) loses the ability to:
- Sign contracts or manage money
- Consent to medical treatment
- Buy or sell property
- Marry or vote
The curator must file annual reports with the court, and an undercurator is appointed to help ensure accountability.
What Is a Limited Interdiction?
A limited interdiction allows the court to remove only certain legal rights. The person remains free to make decisions in other areas of life.
Examples of limited interdiction:
- A person with mild dementia can still live independently but needs help managing finances
- Someone with a brain injury can make daily choices but struggles with complex medical consent
The court specifies exactly what rights are restricted—such as financial control or medical consent—and the curator’s powers are limited to those areas.
This option protects the individual while still respecting their independence and dignity.
Key Differences Between Full and Limited Interdictions
|
Factor |
Full Interdiction |
Limited Interdiction |
|
Scope of rights removed |
All legal rights |
Only specific rights stated in judgment |
|
Decision-making ability |
No consistent capacity |
Partial capacity retained |
|
Curator’s authority |
Full control |
Limited control |
|
Court’s goal |
Complete protection |
Maximum independence |
|
Legal standard |
Clear & convincing evidence of total incapacity |
Clear & convincing evidence of partial incapacity |
How Does the Court Decide Which Type to Grant?
Louisiana judges are required to use the least restrictive means possible.
Before ordering a full interdiction, the court will consider:
- Whether a power of attorney or limited interdiction can meet the same needs
- Medical evidence about the person’s capacity
- Input from family members and healthcare professionals
If the person can safely handle some aspects of life, the court will usually favor a limited interdiction.
Can an Interdiction Be Changed or Ended?
Yes.
If the person’s condition improves, the court can modify or terminate the interdiction.
Family members, the curator, or the interdict themselves can file a petition asking the judge to review the case and restore rights.
FAQ: Louisiana Interdictions
Q: Can an interdict still vote or marry?
A: It depends on the judgment. A limited interdiction may preserve those rights, while a full interdiction removes them.
Q: What’s the difference between a curator and an undercurator?
A: The curator manages the interdict’s affairs. The undercurator acts as a watchdog—ensuring the curator fulfills their duties properly.
Q: How long does an interdiction last?
A: It remains in effect until changed or terminated by the court, or until the interdict passes away.
Q: How much does it cost to file for interdiction?
A: Costs vary by parish but typically include court filing fees, attorney’s fees, and fees for the medical examiner’s report.
Get Help With an Interdiction in Louisiana
If you’re caring for an adult who can no longer make sound decisions, our firm can guide you through the interdiction process and help determine whether a limited or full interdiction is best for your situation.
Contact our office to schedule a consultation and learn your options under Louisiana law.