About Interdiction

Interdiction is an order from the court that gives you, or someone else, the legal right to make decisions for your family member.

In other states, this may be called Guardianship.

Overview of Interdiction:

  • Interdiction is only for people who do not have the mental capacity to care for themselves or make their own decisions.

  • This is the last option to consider because it takes away a person's legal rights to make decisions about their life. It is the most restrictive option.

  • The court will name a curator to take care of your family member. Usually this is a parent, but not always.

  • You can get a Full or Limited Interdiction. A Full Interdiction is for people who can't make any of their own decisions. A Limited Interdiction is for people who can make some decisions but not others. (Click the box below to learn more.)

There are two types of interdiction in Louisiana:

Image describing the two types of interdiction in Louisiana: Full Interdiction and Limited Interdiction. Under full interdiction, the curator makes all the decisions for your family member with disabilities. Under limited interdiction, the curator and your family member work together to share decision-making.

If your family member can make some kinds of decisions, consider limited interdiction. It lets your family member keep more of their independence. With a full interdiction, the person loses all civil rights.

More about Limited Interdiction:

This an order from the court that says your family member does not have the capacity to make decisions in a particular area.

When you go through the court process, a judge will decide which decision-making rights the person will keep, and which will go to you. Don't worry — we'll tell you more about this process!

The judge looks at how well a person can make decisions in the four areas below:

An icon of a diploma to represent education, dollar bills to represent finances, a house to represent residence, and a stethoscope to represent medical.

If you or your family member can make decisions in any of the areas in the picture above, you want to let them keep the right to do so.

Most often you or another family member will be in charge of making all other decisions.

Source: Advocacy Center of LA

Key Terms:

  • Curator —The person who gets the legal right to make decisions (often a parent)

  • Interdict —The person with a disability who cannot make their own decisions

Courts in Louisiana don't like interdictions. They prefer to let people keep whatever decision-making powers they have.

We'll tell you more about this!

Was this article helpful?
0 out of 0 found this helpful