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Louisiana Packet concerning the appointment of representation for absent defendant

State:
Louisiana
Control #:
LA-628-M
Format:
Word; 
Rich Text
Instant download

Description

Documents included in the package: Motion and Order for Appointment of Attorney to Represent Absent Defendant; Petition for Notice of Application for Appointment as Curator of Absent Person; Petition for Appointment of Curator for Absent Person; Motion and Order to Stay Proceedings; Affidavit of Jurisdiction and Relationship; Affidavit of Eligibility for Appointment; Order Setting Hearing and Requiring Detailed Descriptive List; Certified Letter to Relations; Certificate of Mailing Notice; Publication of Notice of Application; Certificate of Publication and of No Opposition; Opposition to Appointment as Curator; Petition Filing Detailed Descriptive List and Requesting Appointment as Curator and Undercurator; Order Appointing Curator and Undercurator and Fixing Security; Oath of Curator; Oath of Undercurator; Letters of Curatorship.
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FAQ

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.

: a person appointed by a court to care for the property of an absent person or to care for the person or property of someone mentally incapable of doing so compare committee, conservator, guardian, interdict, tutor.

A. A curator is the person appointed by the court to care for the interdicted person or his affairs, make decisions for the interdicted person, or to act in the place of the interdicted person.

Transitive verb. 1 : to lay under or prohibit by an interdict. 2 : to forbid in a usually formal or authoritative manner. 3a : to destroy, damage, or cut off (something, such as an enemy line of supply) by firepower to stop or hamper an enemy.

What is a Curator? A curator may be appointed by the state's probate courts to take charge of the estate until a letter of administration is issued. Curators are neutral and appointed temporarily. Curators are only appointed to estates that need a person in control to prevent any damage to beneficiaries and creditors.

An adult whose competency is in question must be represented by an attorney at a hearing. If the court finds that the person is incompetent to exercise some or all decision-making authority, then the court must decide who is the appropriate person to take on decision-making for the incompetent person.

COMMON LAW: Appointment of a Curator Bonis in terms of our common law: The High Court may declare a person incapable of managing his or her own affairs, and may appoint a curator to the person and/or property of such person.

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Louisiana Packet concerning the appointment of representation for absent defendant