If it seems that interdiction might be the best option for your family member, the next step is to think about how much help they will need making decisions.
If your family member can make some kinds of decisions, consider limited interdiction. It lets them keep more of their independence. With a full interdiction, the person loses all civil rights.
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There are two types of interdiction in Louisiana:
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:
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
State law favors limited interdiction instead of full, since limited interdiction means more independence for the person with disability.
Here's what you can do:
Talk about the interdiction options with your family member, a lawyer, and other helpful people like teachers, support coordinators, and doctors. Ask them what they think is best, and why.
Think about your family member's ability to make decisions in different areas of life.
Carefully consider whether limited interdiction would be enough for them.
Involve your family member in these discussions as much as possible.
Consider getting help from a lawyer at this stage.
Sources: Jackins (2010), Ulwick (2010)