Disability, Interdiction & Tutorship

Interdiction of an Incapacitated Adult

Interdiction is the Louisiana legal process by which a court appoints a curator to manage the personal and/or financial affairs of an adult who lacks the mental capacity to care for themselves or their property. It is similar to guardianship or conservatorship in other states.

Louisiana law recognizes two types of interdiction:

• Full Interdiction: Granted when an adult is totally incapable of caring for their person or administering their estate due to mental incapacity. The curator assumes full legal authority over the interdict's personal and financial affairs.
• Limited Interdiction: A more targeted remedy that restricts only specific areas of the person's decision-making while preserving as much autonomy as possible. Louisiana courts favor limited interdiction to protect the dignity and rights of the individual.

An interdiction petition is filed in the district court of the parish where the proposed interdict resides. The court appoints an attorney to represent the proposed interdict, and a hearing is held. Medical and/or psychiatric evidence is typically required. We guide families through every step of this process with sensitivity and diligence.

Tutorship of Minor Children

Tutorship is the legal authority granted by a court to manage the person and property of a minor child when neither parent is able to do so — due to death, interdiction, or other legal incapacity. A tutor steps into the role of a legal guardian, making decisions about the child's welfare, education, and financial affairs.

• Tutorship by Nature: Parents are the natural tutors of their unemancipated minor children. When one parent dies, the surviving parent becomes sole natural tutor.
• Tutorship by Will (Dative Tutorship): A parent may nominate a tutor by testament. If no testamentary tutor is appointed, the court appoints a dative tutor selected from among qualified family members or other suitable persons.
• Undertutor: Louisiana law also requires an undertutor — a separate individual who represents the minor's interests when they conflict with the tutor's.

Advance Planning: Avoiding Interdiction

Court-ordered interdiction can be time-consuming, emotionally draining, and expensive. Proactive estate planning — including a durable power of attorney, a healthcare proxy, and a properly drafted trust — can often allow families to manage a loved one's affairs without the need for a formal interdiction proceeding. We strongly encourage clients to put these documents in place before a crisis arises. See our Wills, Trusts & Estates page for more information.

Special Needs Trusts & Disability Planning

Families with a loved one who has a long-term disability may also benefit from a special needs trust (also called a supplemental needs trust), which allows assets to be held for the benefit of a person with disabilities without disqualifying them from means-tested government benefits such as SSI and Medicaid. We work with families to craft comprehensive disability plans that protect their loved one's financial future.

Authoritative Resources

• Louisiana Civil Code Arts. 389–426 – Interdiction & Curatorship (Louisiana Legislature) ↗
• Louisiana Code of Civil Procedure Arts. 4541–4556 – Interdiction Procedure (Louisiana Legislature) ↗
• Louisiana Civil Code Arts. 246–354 – Tutorship of Minors (Louisiana Legislature) ↗
• Louisiana R.S. 9:1991 et seq. – Special Needs Trusts (Louisiana Legislature) ↗
• Southeast Louisiana Legal Services – Guardianship & Interdiction Guide ↗
• ElderLaw Answers – Louisiana Guardianship & Conservatorship Overview ↗
• National Academy of Elder Law Attorneys (NAELA) – Find an Elder Law Attorney ↗
• AARP – Guardianship & Conservatorship: What You Need to Know ↗
• Special Needs Alliance – Louisiana Special Needs Planning Resources ↗
• SSA – Benefits for People with Disabilities (SSI & Medicaid) ↗