Louisiana Interdiction Process

State:
Louisiana
Control #:
LA-5283
Format:
Word; 
Rich Text
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Description

In this example, the petitioner requests interdiction of her brother, the defendant, who has Downs Syndrome and is mentally retarded. She asks the court to appoint an expert to examine the defendant and report on defendant’s mental and physical condition. Petitioner further requests the appointment of a curator and undercurator, and asks that an inventory be taken of defendant’s property. Attached is an order appointing an expert to examine defendant, and a notice of the filing of the suit for interdiction. Interdiction is a court proceeding to have an individual declared an incompetent incapable of taking care of his person and of administering his estate.
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How to fill out Louisiana Petition In Suit For Interdiction?

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FAQ

Generally, the petition is filed in a civil district court in the parish in which the interdict is domiciled (permanent home). If the defendant does not have a permanent home, the petition is filed where he resides or where he is physically present if he is not a resident of the state.

A petition for an interdiction must be filed and a hearing must take place within twenty days of the order that schedules it. All orders, pleadings, and evidence must be personally served to the defendant and the defendant's attorney no later than 72 hours before the preliminary interdiction hearing.

What Is the Difference Between a Power of Attorney and an Interdiction in Louisiana? Answer: While a power of attorney is a proactive and voluntary arrangement made by a person while they have capacity, interdiction is a legal process initiated by others when the person lacks capacity.

A person may be subject to full interdiction by court order if he is at least 18 years of age or an emancipated minor and is consistently unable to make reasoned decisions concerning himself or his property or is unable to communicate his decisions concerning himself or his property, because of an infirmity.

An interdiction is a legal process where a court is asked to determine, from testimony and other evidence presented, whether a person is unable, due to an infirmity, to consistently make decisions regarding his person and/or his property, or to communicate those decisions.

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Louisiana Interdiction Process