Louisiana Interdiction Petition Packet (Adult Guardianship Equivalent)

LOUISIANA INTERDICTION PETITION PACKET

(Civil-Law Equivalent of Adult Guardianship and Conservatorship)

PART 1 — PRE-PETITION CHECKLIST

☐ Confirm defendant is a natural person of the age of majority (18+) or an emancipated minor
☐ Confirm jurisdiction and venue under art. 4542 (domicile, or residence if no Louisiana domicile, or physical presence if no Louisiana residence)
☐ Document less restrictive alternatives considered (mandate/POA, medical consent laws, representative payee, trust, home health, etc.) — required under La. C.C.P. art. 4541(A)(11)
☐ Decide whether full interdiction or limited interdiction will be sought
☐ Identify all required notice recipients: spouse, adult children (or parents/siblings if none), legal representatives, previously designated curator
☐ Identify proposed curator and proposed undercurator
☐ Verify proposed curator and undercurator qualifications (not minor, not interdicted, not adverse interest, etc.)
☐ Consider physician's/qualified expert's evaluation; the court may appoint an examiner under art. 4545
☐ Determine curator security under arts. 4562-4563 and applicable tutorship security rules
☐ Confirm whether defendant has appeared through counsel; if not, seek appointment under art. 4544
☐ Consider whether temporary or preliminary interdiction is needed (art. 4549)
☐ Prepare verified petition with particularity required by art. 4541

PART 2 — VERIFIED PETITION FOR INTERDICTION (La. C.C.P. art. 4541)

[____________] JUDICIAL DISTRICT COURT
PARISH OF [____________________], STATE OF LOUISIANA

Docket No.: [____________]
Division: [____]

VERIFIED PETITION FOR INTERDICTION

NOW INTO COURT, through undersigned counsel, comes [__________________________], who respectfully petitions this Honorable Court pursuant to La. Civil Code arts. 389-399 and La. Code of Civil Procedure arts. 4541 et seq. for the ☐ full ☐ limited interdiction of [DEFENDANT NAME], and respectfully represents:

I. PETITIONER (art. 4541(A)(1))

1.1 Name: [________________________________]
1.2 Domicile: [________________________________]
1.3 Age: [____]
1.4 Current address: [________________________________]
1.5 Relationship to Defendant: [________________________________]

II. DEFENDANT IN INTERDICTION (art. 4541(A)(2))

2.1 Name: [________________________________]
2.2 Domicile: [________________________________]
2.3 Age: [____] Date of birth: [__/__/____]
2.4 Current address: [________________________________]
2.5 Proposed residence if interdiction is awarded: [________________________________]

III. REASONS INTERDICTION IS NECESSARY (art. 4541(A)(3))

3.1 Brief description of nature and extent of alleged infirmities of Defendant: [________________________________]
3.2 Diagnosis (if known): [________________________________]
3.3 Specific functional impairments demonstrating Defendant is unable consistently to make or communicate reasoned decisions regarding the care of:
☐ Person (medical, residence, daily living, safety)
☐ Property (financial management, contracts, public benefits)
3.4 Specific incidents/examples demonstrating inability and resulting harm or risk of harm: [________________________________]

IV. SCOPE — FULL VERSUS LIMITED INTERDICTION

4.1 If FULL INTERDICTION is requested (art. 4541(A)(4)) — reasons why LIMITED INTERDICTION IS INAPPROPRIATE: [________________________________]

4.2 If LIMITED INTERDICTION is requested (art. 4541(A)(5)):
(a) Capacity sought to be removed from the limited interdict: [________________________________]
(b) Powers sought to be conferred upon the limited curator: [________________________________]

V. SPOUSE, CHILDREN, AND RELATIVES (art. 4541(A)(6)-(7))

5.1 Spouse: [________________________________]
Address: [________________________________]

5.2 Adult children (or, if none, parents and siblings; or, if none, nearest adult relative):

VI. LEGAL REPRESENTATIVE / PRIOR CURATOR DESIGNATION (art. 4541(A)(8)-(9))

6.1 Existing legal representative of Defendant (mandatary under POA, agent under healthcare directive, etc.) — name: [________________________________] Address: [________________________________]
6.2 Person previously designated as curator by Defendant in a writing signed by Defendant — name: [________________________________] Address: [________________________________]

VII. PROPOSED CURATOR (art. 4541(A)(10))

7.1 Name: [________________________________]
7.2 Domicile: [________________________________]
7.3 Age: [____]
7.4 Education: [________________________________]
7.5 Current address: [________________________________]
7.6 Relationship to Defendant: [________________________________]
7.7 Reasons why proposed curator should be appointed: [________________________________]
7.8 Confirmation proposed curator is not disqualified (not a minor, not interdicted, not adverse interest): [________________________________]

VIII. PROPOSED UNDERCURATOR

8.1 Name: [________________________________]
8.2 Domicile: [________________________________]
8.3 Relationship to Defendant: [________________________________]
8.4 Confirmation of qualifications and independence from curator: [________________________________]

IX. LESS RESTRICTIVE MEANS — PARTICULAR DESCRIPTION (art. 4541(A)(11))

9.1 Less restrictive means CONSIDERED OR IMPLEMENTED:
☐ Mandate (Power of Attorney)
☐ Medical Consent Laws (R.S. 40:1159.1 to 40:1159.9)
☐ Representative payeeship (Social Security / SSI / VA)
☐ Home health care services
☐ Case management (geriatric care manager / professional agency)
☐ Community mental health center / partial hospitalization
☐ Adult day care / adult day programs
☐ Council on Aging programs (transportation, meals on wheels)
☐ Supplemental needs trust / asset management trust / inter vivos trust
☐ Consumer credit counseling
☐ Reverse mortgage
☐ Church / Social Services programs
☐ Assistive technology / Lifeline / service animals
☐ Pre-paid monitored debit card (True Link, Green Dot)
☐ Other: [________________________________]

9.2 If a particular less restrictive means was NOT considered or implemented, the REASON: [________________________________]

9.3 The REASON each less restrictive means considered is INSUFFICIENT to meet the needs of Defendant: [________________________________]

X. ESTATE / FINANCIAL INFORMATION (Foundation for Bond and Inventory)

Income sources: [________________________________]

XI. PRAYER

WHEREFORE, Petitioner prays this Honorable Court:

(a) Issue citation in accordance with La. C.C.P. art. 4543;
(b) If the Defendant has made no timely appearance through counsel, appoint an attorney under art. 4544;
(c) Serve the Defendant and mail the petition to other named persons under art. 4543; give hearing notice under art. 4546;
(d) If appropriate, appoint an examiner under art. 4545 to evaluate the Defendant;
(e) Set the matter for hearing under art. 4547 to be heard summarily and by preference;
(f) Upon clear and convincing evidence (art. 4548), render Judgment of ☐ full ☐ limited interdiction under art. 4551;
(g) Appoint [___________________] as Curator and [___________________] as Undercurator, unless an undercurator is not required by law under art. 4551(A)(2);
(h) Set curator security under art. 4563 and applicable tutorship security rules;
(i) Issue Letters of Curatorship;
(j) Award costs and grant such other relief as is equitable.

VERIFICATION (art. 4541(A))

STATE OF LOUISIANA
PARISH OF [______________________]

BEFORE ME, the undersigned authority, personally came and appeared [__________________________], who being duly sworn did depose and state that he/she is the Petitioner in the foregoing Petition for Interdiction; that he/she has read the same and that all matters and things contained therein are true and correct to the best of his/her knowledge, information, and belief.

[________________________________]
Petitioner

Sworn to and subscribed before me this [__] day of [__________], [____].

[________________________________]
Notary Public — Louisiana Bar Roll / Notary No.: [____________]
My commission: [____________]

Respectfully submitted,

[________________________________]
Attorney for Petitioner
Louisiana Bar Roll No.: [____________]
Address: [________________________________]
Telephone: [____________]

PART 3 — CITATION AND NOTICE TO DEFENDANT IN INTERDICTION (art. 4543)

CITATION

TO: [DEFENDANT NAME], Defendant in Interdiction
Address: [________________________________]

A Petition for Interdiction has been filed in the [____________] Judicial District Court, Parish of [____________], Docket No. [____________]. A copy of the Petition and attachments accompanies this Citation. You must be served personally under La. C.C.P. art. 4543(A). The Court will set a hearing or trial and serve notice as required by art. 4546.

YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. If you make no timely appearance through an attorney, the petitioner must apply for appointment of an attorney, or the Court may appoint one on its own motion, under La. C.C.P. art. 4544. Article 4544 addresses your own counsel and waiver of counsel.

YOU HAVE THE FOLLOWING RIGHTS at the interdiction hearing:

☐ The right to be present at the hearing (art. 4547)
☐ The right to present evidence
☐ The right to testify
☐ The right to cross-examine witnesses
☐ The right to otherwise participate in the hearing
☐ The right to request that the hearing be held where you are located if you cannot come to the courthouse
☐ The right to request a closed hearing for good cause

Date issued: [__/__/____]

[________________________________]
Clerk of Court
By: [________________________________], Deputy Clerk

PART 4 — NOTICE TO INTERESTED PERSONS (arts. 4543(B), 4546)

TO: Each other person named in the Petition. Mail the Petition by certified mail, return receipt requested, within three days after filing under art. 4543(B). Mail the order fixing the hearing or trial by first-class mail at least ten days before the hearing, except as art. 4549 provides. Serve the Defendant under arts. 4543(A) and 4546.

NOTICE IS HEREBY GIVEN that a Petition for Interdiction has been filed concerning [DEFENDANT NAME] in the [____________] Judicial District Court, Parish of [____________], Louisiana, Docket No. [____________]. The matter is set for hearing on:

Date: [__/__/____]
Time: [____]
Location: [________________________________]
Division: [____]

You may appear and be heard regarding the petition, the appointment of curator and undercurator, and the scope of any interdiction.

Date: [__/__/____]
[________________________________]
Attorney for Petitioner

PART 5 — EXAMINER'S REPORT (art. 4545)

REPORT OF COURT-APPOINTED EXAMINER

Re: [DEFENDANT NAME]
Date of examination: [____________]
Examiner: [________________________________]
License type / number: [________________________________]
Specialty: [________________________________]

1. Diagnosis: [________________________________]
2. Description of nature and extent of infirmities: [________________________________]
3. Functional assessment of capacity to make/communicate reasoned decisions:

4. Whether less restrictive means could meet defendant's needs: [________________________________]
5. Recommendation: ☐ No interdiction ☐ Limited interdiction (specify scope) ☐ Full interdiction
6. Prognosis: [________________________________]
7. Whether defendant should be present at hearing: ☐ Yes ☐ No — explain: [____________]

[________________________________] Date: [__/__/____]

PART 6 — APPOINTMENT OF ATTORNEY FOR DEFENDANT (art. 4544 — IF NO TIMELY COUNSEL APPEARANCE)

ORDER APPOINTING ATTORNEY

The Defendant has made no timely appearance through an attorney. Pursuant to La. Code of Civil Procedure art. 4544, the Court hereby APPOINTS:

Attorney: [__________________________], Louisiana Bar Roll No. [____________]
Address: [________________________________]

To represent [DEFENDANT NAME] in this interdiction proceeding. Counsel shall personally visit the Defendant unless excused by the Court for good cause, and to the extent possible discuss the petition, relevant facts and law, and the Defendant's rights and options. Counsel shall represent the Defendant until discharged by the Court under art. 4544.

Date: [__/__/____]
[________________________________]
District Judge

PART 7 — TEMPORARY OR PRELIMINARY INTERDICTION (art. 4549) — IF SOUGHT

PETITION FOR TEMPORARY / PRELIMINARY INTERDICTION

Petitioner shows that immediate, irreparable injury, loss, or damage will result before adversary hearing can be held because: [________________________________]

Specific harm to defendant's person or property: [________________________________]

Petitioner requests:
☐ Temporary interdiction — request ex parte relief only when immediate and irreparable harm to the defendant’s person or property would occur before a hearing. Attach (1) a licensed physician’s or psychologist’s affidavit supporting the Civil Code art. 391 grounds, (2) a verified petition or affidavit supporting that immediate harm, and (3) the movant’s or attorney’s affidavit describing notice efforts or why notice should not be required. Request a preliminary hearing within ten days after the temporary judgment is signed (art. 4549(A)).
☐ Preliminary interdiction — only after an adversarial hearing under art. 4549(B); hold the hearing within twenty (20) days after the scheduling order and personally serve the Defendant and attorney with the orders, pleadings, and supporting documents at least seventy-two (72) hours before that hearing.
☐ Appointment of temporary/preliminary curator: [____________]

Ex parte supporting documents under art. 4549(A)(2): ☐ physician/psychologist affidavit ☐ verified petition or affidavit of immediate harm ☐ movant/attorney affidavit concerning notice efforts or why notice is unnecessary

PART 8 — LESS RESTRICTIVE ALTERNATIVES TABLE (art. 4541(A)(11))

Petitioner certification: [________________________________] Date: [__/__/____]

PART 9 — CURATOR SECURITY (arts. 4562-4563)

BOND OF CURATOR

Curator: [________________________________]
Bond amount: $[____________]
Surety: [________________________________]
Bond number: [____________]

The Curator shall furnish security conditioned on faithful performance as required by art. 4563(A), applying the tutorship security rules referenced there. The Curator qualifies after furnishing required security and taking the oath under art. 4562(A). Court-approved security terms: [________________________________].

PART 10 — NOTICE OF HEARING (art. 4547)

NOTICE OF HEARING ON PETITION FOR INTERDICTION

The interdiction proceeding shall be heard SUMMARILY AND BY PREFERENCE pursuant to La. C.C.P. art. 4547.

Date: [__/__/____]
Time: [____]
Location: [________________________________]
Division: [____]
Before: Honorable [________________________________]

The Defendant has the right to be present and to participate. If the Defendant is unable to come to the courthouse, the judge may hold the hearing where the Defendant is located.

The hearing may be closed for good cause shown.

The Court may call witnesses not called by the parties and may require the presence of the proposed curator.

Burden of proof on Petitioner: clear and convincing evidence (art. 4548).

Date: [__/__/____]
[________________________________]
Clerk of Court

PART 11 — JUDGMENT OF INTERDICTION AND LETTERS OF CURATORSHIP (arts. 4551, 4562)

JUDGMENT OF INTERDICTION

This matter came before the Court on [__/__/____] on the Petition for Interdiction of [DEFENDANT NAME]. Petitioner appeared through counsel. The Defendant ☐ appeared ☐ was excused for good cause and was represented by ☐ retained counsel ☐ court-appointed counsel [____________] ☐ waived counsel intelligently and voluntarily. The Court reviewed the petition, any examiner's report, less restrictive alternative analysis, and heard testimony.

The Court FINDS by clear and convincing evidence (art. 4548):

☐ The Defendant, due to infirmity, is unable consistently to make or communicate reasoned decisions regarding the care of his/her ☐ person ☐ property;
☐ The Defendant's interests cannot be protected by less restrictive means;
☐ The proposed curator is qualified and willing to serve;
☐ The proposed undercurator is qualified and willing to serve.

IT IS ORDERED, ADJUDGED, AND DECREED:

1. [DEFENDANT NAME] is hereby ☐ fully ☐ limitedly interdicted.
2. If limited interdiction: capacity removed: [________________________________]
3. Powers conferred on Curator: [________________________________]
4. Rights retained by the Interdict: [________________________________]
5. [__________________________] is appointed as Curator.
6. [__________________________] is appointed as Undercurator ☐ or an undercurator is not required by law under art. 4551(A)(2).
7. Curator security is fixed at $[____________], subject to art. 4563 and the applicable tutorship security rules. The Curator's powers commence only upon qualification under arts. 4551(A)(3) and 4562(A).
8. The Curator shall file an Inventory or Detailed Descriptive List of the Interdict's property within the time set by law.
9. The Curator shall file annual reports concerning the Interdict's well-being and an annual accounting of the estate.
10. Costs are taxed as follows: [________________________________].

JUDGMENT RENDERED AND SIGNED this [__] day of [____________], [____], at [____________], Louisiana.

[________________________________]
District Judge

LETTERS OF CURATORSHIP

These Letters certify that [__________________________] has duly qualified and been appointed Curator of [DEFENDANT NAME / NOW INTERDICT] on [__/__/____], with full authority to act on behalf of the Interdict as set forth in the foregoing Judgment.

[Clerk of Court Seal]
Clerk of Court: [________________________________]

LETTERS OF UNDERCURATORSHIP

These Letters certify that [__________________________] has duly qualified and been appointed Undercurator of [DEFENDANT NAME / NOW INTERDICT] on [__/__/____], with the duties to: (a) have access to the Interdict and all related records, (b) oversee the curator's performance, (c) notify the court when curator fails to perform duties.

[Clerk of Court Seal]
Clerk of Court: [________________________________]

PART 12 — INITIAL INVENTORY / DETAILED DESCRIPTIVE LIST AND ANNUAL ACCOUNTING

INITIAL INVENTORY OR DETAILED DESCRIPTIVE LIST

(Filed by the Curator following qualification.)

Curator's certification under oath:

[________________________________] Date: [__/__/____]
Sworn before notary: [____________]

ANNUAL REPORT ON WELL-BEING OF INTERDICT — addressing residence, condition, services received, social activities, recommendations regarding continued necessity and scope of interdiction.

ANNUAL ACCOUNTING OF ESTATE — addressing beginning balance, all receipts, all disbursements, fees, ending balance, and supporting documentation.

Reporting period: [__/__/____] to [__/__/____]
Filing deadline: [__/__/____]

SOURCES AND REFERENCES

• La. Civil Code arts. 389-399 (Interdiction)
• La. Code of Civil Procedure arts. 4541-4554 (Interdiction Procedure and Judgment), and arts. 4561-4563 (Curator Appointment, Qualification, Inventory and Security)
• La. R.S. § 9:1031 et seq. (related procedures)
• La. R.S. § 28:454.3 (Capacity to Consent)
• Louisiana State Bar Association — Reference Card: Interdiction Procedure and Less Restrictive Alternatives
• Louisiana Governor's Office of Elderly Affairs — Interdiction Checklist (Elder Law Task Force)
• Louisiana State Law Institute commentary