Assisting With Guardianships / Interdictions

Last updated on July 17, 2024

When loved ones can no longer make competent decisions for themselves, someone needs to take action. In these cases, an interdiction or guardianship can provide a spouse, child or other relative the authority to handle the affairs of a loved one who is no longer competent. To successfully obtain an interdiction and complete it as soon as possible, an accomplished interdiction/guardianship lawyer needs to be involved in the process.

Attorney R. Scott Buhrer has represented numerous clients in interdiction/guardianship cases in Metairie and throughout the New Orleans metro area during his more than 35 years of practice. He uses his extensive understanding and experience with the interdiction process to help clients get the protection they need for their loved ones.

What Is An Interdiction?

When someone has an infirmity that prevents them from making reasoned decisions about their welfare or property, or if their infirmity prevents them from communicating those decisions, an interdiction is needed. In other states, this is called a guardianship or conservatorship. Basically, a family member or trusted caregiver persuades the court that the person needs an interdiction because they cannot care for themselves or their property. The court then appoints them or another person as curator.

There are two types of interdiction, and a lawyer can help you with either. The two types are full interdiction and limited interdiction. In a full interdiction, the person needs someone else to make all their decisions about their welfare and property. In a limited interdiction, the person retains some rights. For example, they might only need someone to make their financial decisions, but they could retain the ability to make decisions about their personal welfare.

The curator will handle the interdicted person’s affairs and must do so in that person’s best interest.

Obtaining An Interdiction For Someone You Love

The interdiction/guardianship process in Louisiana is very complex. Some of the components that make this concept so complex include:

• High standard of proof: Because a person’s authority to handle his or her own affairs is taken away in an interdiction, there is a very high burden of proof. The testimony of a doctor and possibly the testimony of other experts are vital to satisfying this burden.
• Types of interdiction: Interdictions can range from partial to full. In a partial interdiction, only a person’s authority over physical or financial matters is removed. In a full interdiction, all authority for the person to act for himself or herself is removed.
• Curators: A curator will be appointed to handle an interdicted person’s affairs, and an under-curator will be appointed to supervise the curator’s actions. Disputes can often arise between individuals vying for these positions.
• Children: Interdictions can help anyone in need, ranging from children to aging parents with degenerative mental disorders. When a minor child has an intellectual disability and will need you to make their decisions after they turn 18, you can file for what is called continuing tutorship.
• Guardianships and conservatorships: These are the terms that some other jurisdictions use to refer to what Louisiana calls an interdiction.

While interdiction may be necessary to ensure the physical and financial well-being of a loved one, the interdiction process is often filled with emotion. For example, if aging parents have dementia, a symptom of their condition is often paranoia and they might turn on the children as they think the children are trying to harm them.

Mr. Buhrer understands the delicate nature of these situations, and he offers compassionate and straightforward advice to assist clients faced with these stressful circumstances. In addition, he can sometimes prevent the need for interdiction by creating an estate plan in advance.

Contact A New Orleans Guardianship/Interdiction Attorney Today

The Buhrer Law Firm is conveniently located near Lakeside Mall and has readily available street-level parking. A dedicated and compassionate support staff supplements Mr. Buhrer’s insightful legal representation. To arrange an initial consultation with a Metairie guardianship and interdiction attorney, contact the firm online or by calling 504-541-6997 or 800-636-0784.