Interdiction is the court process used in Louisiana to limit or remove an adult’s legal capacity and appoint a curator (guardian) to make personal-care and/or financial decisions when an adult cannot consistently make or communicate reasoned decisions. Courts may order a limited interdiction (only certain rights removed) or a full interdiction (all juridical capacity removed).

What is an Interdiction?

An interdiction is a civil court proceeding asking a judge to determine that an adult lacks sufficient capacity to manage personal or property affairs and to appoint a curator to protect that person and their assets.

The goal is protective — to ensure the person’s health, safety, and property are managed — but it also removes certain legal rights and must be pursued only when less-restrictive alternatives are inadequate.

Types of Interdiction

Limited Interdiction:

Removes only specific capacities (for example, managing money or consenting to medical care). The interdict retains other legal capacities not removed by the judgment. (Louisiana Civil Code Art. 390 and Art. 395)

Full Interdiction:

The person is determined to lack capacity to perform juridical acts, and a curator is given authority over the person’s care and property.

Who Can File a Petition?

Family members, interested persons, and certain public entities can file a petition for interdiction in the civil district court where the person (the “defendant”) lives.

The petition must meet statutory requirements, including:

  • Identifying relatives

  • Stating alleged infirmities

  • Naming a proposed curator

What Does the Petition and Process Look Like?

  • Filing the Petition. The petition is filed in the parish civil district court where the defendant is domiciled. It must include statutory information and may request limited or full interdiction.

  • Court May Appoint an Examiner. The judge often appoints a qualified examiner (medical or other expert) to evaluate the defendant and file a written report before the hearing.

  • Hearing and Rights of the Defendant. Interdiction hearings are summary and afforded preference. The defendant has the right to notice, counsel, present evidence, and confront witnesses. The hearing can be held at the defendant’s location if they cannot attend.

  • Burden of Proof. The petitioner must prove incapacity by clear and convincing evidence. Recent statutory reform clarified that this standard applies in interdiction proceedings.

Emergency/Temporary Interdiction

When immediate danger or substantial likelihood of harm exists, a court can order a temporary or preliminary interdiction (sometimes called a temporary emergency interdiction) to protect the person until a full hearing can be held.

  • Requirements: Emergency affidavits and physician statements are typically required.

  • Duration: Temporary orders are limited in duration and subject to a prompt adversarial hearing.

Less-Restrictive Alternatives the Court Will Consider

Louisiana law and court practice require consideration of less-restrictive options before removing capacity, including:

  • Powers of attorney

  • Representative payees

  • Supported decision-making

  • Targeted limited interdiction

  • Community supports

The court’s examiner report should address whether less-restrictive means are available.

Choosing a Curator (Guardian)

The petitioner often nominates a curator, but the court evaluates suitability, including:

  • Ability to manage finances

  • Avoiding conflicts of interest

  • Filing required reports to the court

Curators have statutory duties, including annual reports and accountings, and they are subject to court supervision.

Typical Timeline & Costs

  • Timeline: Summary preference applies, but a contested proceeding with examiner reports and hearings usually takes weeks to months depending on complexity. Emergency temporary orders may be issued immediately but require quick follow-up hearing.

  • Costs: Court filing fees, attorney fees, costs for examiner evaluations, and ongoing administrative costs (curator bond, reports) vary by parish and case complexity.

Frequently Asked Questions

Q: How long does an interdiction last?
A: An interdiction continues until the court terminates it (for example, if the interdict regains capacity) or the interdict dies. Limited interdictions can be tailored to specific functions and revisited by court order.

Q: Can an interdict still vote or marry?
A: It depends on the judgment. A full interdiction removes juridical capacity broadly, while limited interdiction removes only specified capacities. The specific judgment controls which acts the interdict may still perform.

Q: Are medical opinions required?
A: Courts commonly rely on examiner or medical reports. For emergency petitions, physician affidavits supporting imminent harm are often required.

Q: What if family members disagree?
A: Interdiction is adversarial when contested. The court will hold a hearing allowing parties to present evidence. The petitioner must still meet the clear-and-convincing standard, and the court may appoint counsel for the defendant.

Need Help?

If you’re facing difficult decisions about an adult’s capacity, or you need to file or defend an interdiction in Louisiana, we can help with:

  • Drafting petitions

  • Securing qualified examiners

  • Representing parties at hearings

  • Advising on less-restrictive alternatives

Contact our office for a consultation.

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