Who should be the curator and under-curator?

How do you decide who the curator will be?

  • This depends on your family. You will decide together.

  • In many cases, one or more parents will be the curator(s).

  • If a parent, relative, or friend can't serve as curator, the court can assign one.

Here's what you can do:

  1. Talk about the options with your family member, a lawyer, and others who know your loved one (such as teachers, case managers, or doctors).

  2. Learn about the curator's responsibilities.

  3. Weigh both your family member's needs and the curator's duties.

  4. Decide on the right person who you'd like to ask to become the curator.

  5. Think about who should be the under-curator, the person who makes sure the curator is doing her job.

Click on the boxes below to learn more:

Anyone interested in your family member’s well-being may file a Petition for Curatorship.

You do not become curator automatically just because you are the parent.

The Court chooses the curator according to this list, in this order:

  1. A person named by your family member at an earlier time

  2. Your family member's spouse

  3. Their adult child

  4. Their parent

  5. Someone who they have lived with for more than 6 months

  6. Any other person

A curator can NOT be any of these:

  • A minor (under 18)

  • A person who is interdicted themselves (they have their own curator)

  • A person who is not a resident of Louisiana and who has had no resident contact

Source: Louisiana Code of Civil Procedure Art. 4541

The rest of this Guide is written as if the curator is the person petitioning for interdiction, but the steps apply to anyone who would serve in this role. Remember, the curator isn't always the parent.

Source: LA Governor's Office of Elderly Affairs

To become a curator, you must petition for interdiction.

This means that you go to court and ask a judge to approve this.

Be ready: it's a complicated process and involves a lot of paperwork.

How?
  • File for interdiction in a strong>civil district court where the person lives

  • Prove that the person is consistently unable to make reasoned decisions about themself and their property. You can bring in experts to testify.

  • A judge will decide if they will grant (approve) interdiction. If they do, they'll appoint a curator and under-curator and identify their responsibilities

  • The judge may grant a temporary interdiction. This means it will end at a certain date.

What if you disagree with the judge's decision?

Either you or your family member can appeal any aspect of the court's decision.

This includes:

  • the decision to grant interdiction

  • who they chose for a curator or under-curator, or

  • the limits of the interdiction.

Source: Advocacy LA

What is the under-curator's role?

An under-curator is appointed by a judge to make sure the curator is acting in the best interests of the interdict and is performing all of his responsibilities.

What responsibilities does the under-curator have?

The under-curator must:

  • Have access to the interdicted person and their medical records

  • Review all accounts and reports field by the curator

  • Notify the court if there is reason to believe the curator has failed to carry out his duties.

Source: LA Governor's Office of Elderly Affairs

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