Guardianships and Interdictions

An interdiction is a legal process where a court is asked to determine whether a person lacks capacity or is unable to consistently make and communicate reasoned decisions regarding his person and/or property. Anyone can seek the interdiction of another person.

When the court determines that an interdiction is necessary, the court will either order a full interdiction or a limited interdiction. A full interdiction occurs when the person is incapable of making or communicating reasoned decisions regarding his person and property. A limited interdiction occurs when the person is incapable of making or community reasons decisions regarding his person or property or any aspect of either.

When a person is interdicted, the court will appoint a curator or guardian for the person. The curator will care for the person and/or his affairs, make decisions for the interdict, and act in the place of the interdict. The curator must file a listing of the assets and liabilities of the interdict and post a bond. Additionally, annual accountings are required to be filed by the curator with the court to explain what money has come in and what money has gone out during the past year.

An interdiction, especially a full interdiction, is a harsh remedy because the person loses capacity to make to decisions in regards to virtually every aspect of his life. However, an interdiction is necessary when a person can no longer make or communicate reasoned decisions regarding his care and/or property.