When an adult becomes unable to make safe or responsible decisions because of illness, injury, dementia, mental disability, or addiction, Louisiana law allows family members to seek a legal process called interdiction.

Interdiction is a court proceeding in which a judge determines that a person can no longer manage their personal or financial affairs and appoints another person to act on their behalf.

At the Law Office of Jeremy Babers, we assist families throughout Shreveport, Bossier City, and Northwest Louisiana with navigating the interdiction process carefully and respectfully.

Because interdiction removes important legal rights, Louisiana courts treat these cases seriously. Our goal is to ensure the process is handled correctly while protecting the dignity and safety of the individual involved.

Interdiction is a legal proceeding under Louisiana law in which a court determines that an adult lacks the capacity to consistently make reasoned decisions regarding:

1. Personal care and medical decisions
    
2. Financial management and property matters
    
3. Legal affairs and contracts
    
4. Safety and daily living needs
    

If the court finds that the individual cannot manage these responsibilities, it appoints a curator (similar to a guardian in other states) to make decisions on the person’s behalf.

Louisiana recognizes two primary forms of interdiction.

A full interdiction occurs when a person is completely unable to make reasoned decisions regarding their personal care and finances.

In these cases, the curator assumes responsibility for nearly all legal and financial decisions.

Full interdiction is commonly used in situations involving:

• Advanced dementia or Alzheimer’s disease
   
• Severe intellectual disabilities
   
• Major brain injuries
   
• Severe mental illness preventing rational decision-making
   

A limited interdiction is used when a person can still make some decisions independently but needs assistance in specific areas.

For example, a court may allow the individual to make personal decisions while requiring assistance with finances or major legal matters.

Courts generally prefer limited interdiction when possible because it preserves more of the individual’s independence.

Louisiana law allows certain individuals to file a Petition for Interdiction, including:

1. Spouses
    
2. Adult children
    
3. Parents
    
4. Other relatives
    
5. Interested persons concerned about the individual’s welfare
    

The petition is filed in the district court of the parish where the person resides.

The interdiction process involves several legal steps designed to protect the rights of the person involved.

A formal petition is filed with the court describing the person’s incapacity and requesting interdiction.

The court appoints an attorney to represent the individual who may be interdicted.

Medical records or physician testimony are typically required to establish the individual’s mental or physical incapacity.

A judge reviews the evidence and determines whether interdiction is appropriate.

If interdiction is granted, the court appoints a curator and sometimes an under-curator to oversee the curator’s actions.

A curator acts as a fiduciary and must always act in the best interests of the interdicted person.

Responsibilities may include:

1. Managing financial accounts and property
    
2. Making medical and healthcare decisions
    
3. Arranging housing or long-term care
    
4. Protecting the individual from exploitation or abuse
    
5. Reporting to the court when required
    

Because the curator has significant legal authority, courts expect careful and responsible management.

Interdiction is sometimes necessary, but it is often considered a last resort.

In some cases, less restrictive legal options may be available, such as:

• Durable powers of attorney
   
• Healthcare powers of attorney
   
• Trust planning
   
• Supported decision-making arrangements
   

An experienced attorney can help families determine whether interdiction is truly necessary.

Interdiction proceedings can be complex and emotionally difficult for families. Proper legal guidance helps ensure the process protects both the individual’s rights and their long-term safety.

The Law Office of Jeremy Babers assists clients throughout Shreveport, Bossier City, and surrounding parishes with:

1. Filing interdiction petitions
    
2. Representing family members in interdiction hearings
    
3. Serving as counsel to curators
    
4. Advising families on alternatives to interdiction
    
5. Handling related estate planning and succession matters