INTERDICTION & GUARDIANSHIP
​
HELPING FAMILIES PROTECT SOMEONE WHO NEEDS ASSISTANCE
​
Families sometimes reach a point when an adult can no longer consistently make or communicate reasoned decisions concerning personal care, medical treatment, finances, property or safety.
​
People often refer to the needed proceeding as “guardianship.” In Louisiana, the appropriate legal process may instead be a full or limited interdiction, continuing tutorship, tutorship of a minor or another protective arrangement.
​
INTERDICTION
​
Interdiction is a serious court proceeding that can remove or restrict a person’s legal authority to make certain decisions.
​
It is not granted simply because someone is elderly, disabled, makes decisions the family dislikes or occasionally needs assistance. The evidence must satisfy Louisiana’s legal requirements, and less restrictive alternatives must be considered.
​
FULL INTERDICTION
​
A full interdiction may be appropriate when a person cannot consistently make or communicate reasoned decisions concerning both personal care and property, and the person’s interests cannot be protected through less restrictive means.
​
LIMITED INTERDICTION
​
A limited interdiction may be appropriate when assistance is necessary in specific areas but the person can continue making other decisions independently.
​
The court should not remove more authority than is necessary.
​
CONTINUING TUTORSHIP AND TUTORSHIP
​
Continuing tutorship may be available for certain qualifying individuals with intellectual or adaptive-functioning disabilities. Families should seek guidance before an urgent medical, educational or financial decision arises.
​
Tutorship of a minor may be necessary when someone other than a parent requires legal authority to care for a child or manage the child’s property.
​
LESS RESTRICTIVE OPTIONS
​
Depending on the circumstances, alternatives may include:
​
• Powers of attorney
• Medical powers of attorney
• Mandates and authorizations
• Trust or financial-management arrangements
• Representative-payee arrangements
• Supported decision-making
• Other targeted protective measures
A power of attorney must generally be completed while the person still has sufficient legal capacity.
Waiting until a crisis may eliminate easier and less restrictive options.
​
WHAT TO GATHER
​
Helpful information may include:
​
• Medical records and diagnoses
• Physician or facility information
• Prior powers of attorney
• Financial and property information
• Names of close relatives
• Information about immediate safety concerns
• Examples of decisions or conduct causing concern
• Existing court orders or benefit records
​
BEGIN YOUR INQUIRY
​
Complete the Interdiction and Guardianship Intake Form and describe the decisions, risks and assistance involved.
​
​
​
​
Learn More About Interdictions By Reading One Of Our Articles Below:
​
​
​
​
Interdiction proceedings affect fundamental rights and require individualized legal analysis. Information on this page is general educational information and is not a determination that any person should be interdicted.