Conservatorship/Adult Guardianship

Whether through illness, injury, or mental decline, anyone can require a guardian (known as a curator in Louisiana) to care for them if they become mentally or physically incapacitated. Unless the person has the proper estate planning in place that names a curator, however, curatorship must be established through the district court through what's known as the interdiction process. At the Law Office of Julie Rosenzweig, we can provide you with a curatorship/ interdiction attorney to guide you through this often complex and emotional process.

Obtaining Adult Interdiction

Although naming a guardian, or tutor in Louisiana, for a minor child involves a somewhat similar process, obtaining adult curatorship is vastly different, especially in terms of what the court requires as proof that curatorship is warranted. In fact, the process begins with the interested party filing a petition in court that requests the court declare the incapacitated person incompetent to handle either their person or their property or both.

Sometimes, interdiction filings can lead to heated disputes between family members and/or friends, who may claim they’d be better suited for the role.

Regardless of who files the petition, curatorship will only be granted if the court determines there’s enough evidence to show the person is mentally incapacitated—to the point where they can no longer make legal, financial, and/or healthcare decisions for themselves. 

Who Can Serve as an Adult Curator?

Although courts typically give preference to a spouse or another close family member, a curator doesn’t have to be a relative. Provided the person is a competent adult, a close friend, or any other interested party can serve as long as they prove they’re best suited for the position. 

If a relative or friend is not willing—or capable—of serving, the court will appoint a professional curator or public curator. Sadly, this can lead to horrible financial and/or physical abuse of the incapacitated, so it’s best to plan ahead and name a curator in your estate planning documents to keep courts out of the picture entirely.

Adult Curatorship Responsibilities

Depending on the extent of the interdicted person’s incapacity, a court-appointed curator can be given near complete control over a person’s life. There are two types of curatorship: curatorship of the person and curatorship of the property.

Curatorship of the person involves making decisions about the interdict's place of residence, physicians, medical treatment, and a host of other personal issues. Curatorship of the property involves decisions about the person’s income, legal actions, assets, insurance claims, and many other matters.

Usually one person is appointed for both roles, but the court can also split the responsibilities among multiple parties. For instance, one curator may oversee the financial decisions, while another handles living arrangements and healthcare. Moreover, the court often requires the curator(s) to file detailed status reports—like financial accounting—at regular intervals or whenever important decisions are made, such as the sale of assets.

Some of the most common duties of adult curators include:

●  Paying the interdict's bills

●  Determining where they live

●  Monitoring their residence and living conditions

●  Providing consent for medical treatments

●  Deciding how their finances are handled, including how their assets are invested and if any assets should be liquidated

●  Managing real estate and other tangible property

●  Keeping detailed records of all their expenditures and other financial transactions

●  Making end-of-life and other palliative-care decisions

Trusted Louisiana Interdiction Attorneys

With the huge responsibility and loss of control that comes with curatorship, the process can often feel overwhelming. The best course of action is to use estate planning to name a preferred curator ahead of time, so the family won’t have to deal with a courtroom or lawyers in the first place. Unfortunately, that’s not always how life works out, so if you need a reliable interdiction attorney, contact Julie Rosenzweig, Attorney at Law, today.