Louisiana law provides a framework for adults who become unable to manage their personal or financial affairs due to incapacity. This legal process can significantly affect an individual’s autonomy, healthcare, and property. This article outlines Louisiana’s approach to protecting individuals determined to be incapable of self-care.
Criteria for Infirmity Under State Law
In Louisiana, infirmity relates to an individual’s capacity to make reasoned decisions about their personal care and property management. An adult may require a court-appointed curator if an infirmity, as per Louisiana Civil Code art. 389, prevents them from making or communicating these decisions.1Louisiana State Legislature. Louisiana Civil Code Art. 389 – Full Interdiction
The specific nature of the infirmity is less important than its impact on decision-making. A functional assessment, along with medical reports and expert testimony, helps the court determine the extent and probable duration of the incapacity. Temporary conditions do not warrant interdiction.
Interdiction in Civil Court
Interdiction is the legal process in civil court to formally recognize an individual’s incapacity and appoint a decision-maker. Any interested party, or the individual themselves, can initiate this by filing a petition for interdiction.2Louisiana State Legislature. Louisiana Code of Civil Procedure Art. 4541 – Petition for Interdiction The court ensures the individual’s rights are protected, appointing an attorney to represent them if they lack one (a measure under Louisiana Code of Civil Procedure art. 4544).3Louisiana State Legislature. Louisiana Code of Civil Procedure Art. 4544 – Appointment of Attorney The individual must be formally notified of the proceedings.
During the interdiction hearing, the petitioner must prove by clear and convincing evidence that the person meets the criteria for infirmity. The individual has the right to be present, present evidence, and cross-examine witnesses.
If the court finds the grounds are met, it issues a judgment of interdiction. This judgment specifies if the interdiction is full (all personal and property affairs) or limited (tailored to areas where capacity is lacking), and names a curator.
Powers and Responsibilities of a Curator
After court qualification, which includes taking an oath and furnishing a security bond (Louisiana Code of Civil Procedure art. 4552), the curator’s responsibilities are clearly defined by the interdiction judgment.4Louisiana State Legislature. Louisiana Code of Civil Procedure Art. 4562 – Qualification of Curator The curator must always act in the interdicted person’s best interest, exercising reasonable care and prudence.
Key duties of the curator include:
- Compiling and filing a detailed property inventory with the court within sixty days of qualification.5Governor’s Office of Elderly Affairs. Duties of the Curator of the Property
- Managing assets by collecting income, paying legitimate debts, and preserving the estate.
- Obtaining prior court authorization for substantial actions, such as selling the interdict’s real estate.
- Filing detailed annual reports with the court covering finances and the interdict’s personal well-being (as mandated by Louisiana Code of Civil Procedure art. 4569).6Louisiana State Legislature. Louisiana Code of Civil Procedure Art. 4569 – Post-Judgment Monitoring and Reporting
An undercurator is appointed to provide an additional layer of oversight, reviewing the curator’s reports and actions. The curator should also consider the interdict’s known wishes and values, and encourage their participation when possible.
Curators may receive reasonable, court-approved compensation from the interdict’s assets for their services. Upon the interdiction’s termination or the person’s death, the curator provides a final accounting and facilitates the transfer of remaining property.
Consent in Healthcare and Medical Treatment
When an individual is interdicted, the authority to make healthcare decisions often shifts to the curator, as specified in the judgment. The curator must act in the interdict’s best interest when consenting to medical treatment. While Louisiana law (e.g., La. R.S. 40:1159.4) provides a general hierarchy for medical consent if a patient is incapacitated, under interdiction the curator with granted authority is the primary decision-maker.7Louisiana State Legislature. Louisiana Revised Statutes § 40:1159.4 – Persons Who May Consent to Surgical or Medical Treatment
For major medical procedures or treatments with significant risks, the curator may need to seek court approval. Specific legal protections also apply to certain treatments, such as those for psychiatric conditions. Healthcare providers must explain proposed treatments, benefits, risks, and alternatives in a way the interdict can understand, promoting their involvement in care where feasible.
Estate and Financial Considerations
Managing the financial well-being and property of an interdicted individual is a central duty of the curator. This stewardship begins with a detailed inventory of all property, forming a baseline for ongoing financial management. The curator administers the estate by collecting income, paying debts, and managing assets prudently, always prioritizing the interdict’s best interest.
Key safeguards include the requirement for court authorization for significant financial decisions, like selling real estate.8Louisiana State Legislature. Louisiana Code of Civil Procedure Art. 4566 – Management of Affairs of the Interdict The submission of annual financial accountings for court and undercurator review is also a key safeguard. The curator is also bonded to protect the interdict’s assets, ensuring financial oversight until the interdiction ends.