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Interdiction and Tutorship

Interdiction and Tutorship

It’s never pleasant to realize that a loved one can no longer care for themselves partially or completely. Louisiana law of interdiction and curatorship allows you to seek interdiction and curatorship of your loved ones who are unable to care for themselves due to substance abuse, physical disability, mental illness or behavioral addiction.

Interdiction places the adult in the legal status similar to that of a child and gives decision-making authority to their curator. They can’t enter contracts, leases, marry, open or close bank accounts, manage their money, manage their medical care or file suit, without their Curator’s approval. However, the Curator’s liability for the Interdict’s actions are more limited than that of the parent for his or her child’s actions.

The Curator can be granted the power to make medical decisions, financial decisions, seek support for the interdict, file suit on behalf of the interdict, terminate driving privileges and terminate contracts on behalf of the interdict.

The person you are seeking to interdict can either hire their own attorney or one will be appointed to represent them in the interdiction proceeding. This is to insure that someone isn’t seeking this interdiction for improper purposes to the detriment of the Interdict. However, an emergency temporary interdiction can be sought to prevent immediate harm to the Interdict, pending hearing on the permanency and scope of the interdiction.

Interdiction and curatorship can be limited either in scope or duration. It can be limited in scope to just medical, or just financial. It can be limited in duration to temporary or permanent. If the condition is not permanent and can be reversed by medical care or therapy it can be terminated either with the consent of the Curator or by the Interdict applying for termination or for modification in scope of the interdiction.

The Curator has reporting requirements during the period of interdiction and can be held accountable for any mismanagement. The Judgment of Interdiction is recorded with the Clerk of Court to put all potential creditors and the public at large on notice that there is a Curator managing the Interdicts affairs.

An Under-Curator will be appointed to serve both as a check on the Curator, and to step up if the Curator is no longer able or willing to serve as Curator.

Ellen Cronin Badeaux, LLC, has represented relatives seeking interdiction and curatorship for 23 years in the cities of Amite, Baton Rouge, Bogalusa, Chalmette, Clinton, Covington, Denham Springs, Donaldsonville, Franklinton, Gonzales, Greensburg, Gretna, Hammond, Kenner, Livingston, Madisonville, Mandeville, Metairie, New Orleans, St. Francisville and Slidell in Ascension, East Baton Rouge, East Feliciana, Jefferson, Livingston, Orleans, St. Bernard, St. Helena, St. Tammany, Tangipahoa, West Feliciana and Washington Parishes. Call us at 985-892-1955 to help you navigate the waters of interdiction and curatorship.
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Contact Us Now

Contact Us Now

Fill out the form below and we will contact you shortly. For emergencies, please call (985)-892-1955

Testimonials

"I would like to thank your firm for everything you’ve done to help me keep 50/50 custody of my son. I came to you on very short notice but you knew exactly how to handle my case and I couldn’t be happier. I’m sure I will be working with you again in the future."
Ryan
"After retaining two lawyers who made no progress, I retained Ellen Cronin Badeaux. Yesterday was our first hearing together and it was a major success. Ellen was professional, diligent, and a fighter...I am very glad I found her and will refer her to others without a doubt."
Lyndsey
"Ms. Badeaux has been an excellent family attorney for us. Her time and personal commitment have allowed us to make informed decisions. We have had to trust her with very delicate and emotional issues and she has guided us to excellent outcomes. I will always appreciate the exceptional service she provides our family with. I have always liked the statement, "you get what you pay for"; and Mrs. Badeaux has been well worth it."
Patricia
"Extremely knowledgeable and aggressive attorney. She has been our attorney for nearly 10 years. I highly recommend her for any family court matters."
Mary
"I have used Ms. Badeaux as my attorney off and on for 15 years. She has settled everything without a fuss; including a personal injury suit, an estate settlement and the quick setup of a partnership. I will continue to use her as my attorney and happily recommend her to friends & family."
Jean
"No one thought I could win but with her valuable service and exceptional legal knowledge, I did! I got my kids back and they're still with me today. I highly recommend Ellen Badeaux. I would not have my kids today if not for her!"
Tammi

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