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 (district court of defendant's domicile)
☐ 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.)
☐ Obtain physician's/qualified expert's evaluation in advance (court will appoint examiner under art. 4545)
☐ Determine bond amount/security under art. 4554
☐ Confirm attorney appointment for defendant under art. 4543 (mandatory)
☐ Consider whether temporary or preliminary interdiction is needed (art. 4546)
☐ 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.): [________________________________]
6.2 Any person previously designated as curator by Defendant in a writing signed by Defendant: [________________________________]

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) Appoint an attorney to represent the Defendant pursuant to art. 4543 (mandatory);
(c) Provide notice to all interested persons under art. 4544;
(d) 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. 4549;
(g) Appoint [___________________] as Curator and [___________________] as Undercurator;
(h) Set bond and security under art. 4554;
(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: [________________________________]

YOU ARE HEREBY CITED to comply with the demand contained in the Petition for Interdiction, a certified copy of which accompanies this Citation, OR to file an answer or other pleading thereto in the [____________] Judicial District Court within fifteen (15) days after service of this Citation under penalty of default.

YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. The Court WILL APPOINT an attorney to represent you in this interdiction proceeding pursuant to La. C.C.P. art. 4543.

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 (art. 4544)

TO: All persons named in Sections V and VI of the Petition.

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. 4543 — MANDATORY)

ORDER APPOINTING ATTORNEY

Pursuant to La. Code of Civil Procedure art. 4543, the Court hereby APPOINTS:

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

To represent [DEFENDANT NAME] in this interdiction proceeding. Counsel shall: (a) confer with the defendant, (b) investigate the matter, (c) review the petition and examiner's report, (d) appear at and participate in all hearings, (e) advocate the defendant's expressed wishes consistent with ethical duties, and (f) advise the Court of the defendant's position.

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

PART 7 — TEMPORARY OR PRELIMINARY INTERDICTION (art. 4546) — 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 — granted ex parte, with hearing within ten (10) days
☐ Preliminary Interdiction — pending full hearing
☐ Appointment of temporary/preliminary curator: [____________]

Affidavit/verification in support: [Attach]

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

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

PART 9 — BOND AND SECURITY (art. 4554)

BOND OF CURATOR

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

The Court ☐ requires ☐ dispenses with bond pursuant to art. 4554, based on:
☐ Estate value: $[____________]
☐ Pledged securities or restricted accounts: [____________]
☐ Other: [____________]

The bond is conditioned on faithful performance of the curator's duties.

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. 4549, 4551)

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 and was represented by court-appointed counsel [____________]. The Court reviewed the petition, 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.
7. Bond fixed in the amount of $[____________] (☐ dispensed with).
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. 4541-4557 (Interdiction Procedure)
• 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