Louisiana Answer of Interdiction

State:
Louisiana
Control #:
LA-5057
Format:
Word; 
Rich Text
Instant download

Description

This is an example of a defendant’s answer to plaintiff’s Petition for Interdiction. Defendant responds to the allegations of plaintiff’s petition and requests that the court render judgment in accordance with the law, following due proceedings in the matter. Interdiction is the term used for the plan of having a Court declare a person incapable of taking care of his person and administering his estate. See La. C.C.P. Article 4541.

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FAQ

The latter, or judicial interdiction, is imposed by a sentence of a competent tribunal, which disqualifies the party on account of imbecility, madness, or prodigality, and deprives the person interdicted of the right to manage his affairs and receive the rents and profits of his estate.

What is an interdiction? A. 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.

INTERDICTION is the term used for the plan of having a Court declare a person is not competent to take care of his own affairs and appoints a Curator for that person. In addition to a curator, there will also be an Under-Curator appointed.

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.

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.

In other contexts, suspension is considered a neutral action taken to facilitate investigations whereas interdiction is a disciplinary penalty that can be coupled with the employee's salary being withheld. This is the position that was taken by the Court in the case of Teresia N.

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Louisiana Answer of Interdiction