If a loved one or someone you know is no longer able to make informed decisions due to an infirmity, you may be able to pursue interdiction in Louisiana. To establish interdiction, you must provide clear and convincing evidence that the person cannot consistently make or communicate reasoned decisions about their personal care, property, or both, and that less restrictive measures cannot adequately protect their interests.
Courts may consider medical records, physician testimony, examples of unsafe behavior, financial evidence, and statements from family members or caregivers. At Marionneaux Law in Plaquemine, Louisiana, I help clients evaluate interdiction cases, prepare petitions, and identify evidence relevant to the court's decision. Reach out now for a free phone consultation.
What Is Interdiction?
Interdiction is a civil court process in which a judge determines whether an adult or emancipated minor lacks the ability to make or communicate reasoned decisions because of an infirmity. The court may appoint a curator, a person authorized to make certain decisions on the individual's behalf.
Louisiana recognizes two types of interdiction:
Full interdiction: Applies when the person cannot consistently make or communicate reasoned decisions about both personal care and property.
Limited interdiction: Applies when the inability affects personal care, property, or particular aspects of either, allowing the court to restrict only specified decision-making powers.
The court must also determine that less restrictive measures cannot adequately protect the person's interests.
Types of Evidence to Support Interdiction
Interdiction is not granted simply because a person is elderly, forgetful, physically disabled, or making choices that someone else dislikes. Louisiana requires clear and convincing evidence, meaning the facts supporting interdiction must be highly probable. The following evidence may help establish whether the legal requirements are met.
Medical Evidence
The courts often give substantial weight to records and opinions from treating physicians, neurologists, psychiatrists, psychologists, and other qualified healthcare providers. These professionals may document diagnoses such as dementia, Alzheimer’s disease, severe mental illness, traumatic brain injury, or other cognitive conditions affecting judgment. Useful medical evidence may include:
Physician evaluations
Hospital or treatment records
Cognitive testing results
Mental health assessments
Medication history
Professional opinions about the person's decision-making abilities
The strongest medical evidence doesn't just list a diagnosis. It connects the condition to functional limitations, such as difficulty understanding financial obligations or communicating decisions.
After a petition is filed, the court may appoint a qualified examiner to evaluate the person. If appointed, the examiner must submit a written report at least seven days before the hearing.
Testimony About the Person’s Daily Functioning
Medical records alone may not tell the whole story. The courts will typically require real-world evidence of how the person functions day to day. Testimony from family members, friends, neighbors, social workers, or caregivers can help establish whether the person can safely manage an ordinary life. This testimony may address issues such as:
Forgetting essential meals or medication
Wandering or getting lost
Leaving appliances on and creating safety hazards
Being unable to understand or communicate important care decisions
Failing to recognize serious safety risks
Focus on specific incidents rather than broad conclusions. Saying the person is "confused" is less helpful than describing an incident where they became lost on a familiar route.
However, an isolated incident or refusal of medical treatment does not automatically establish incapacity. The evidence must demonstrate how an infirmity affects the person's ability to make or communicate reasoned decisions.
Financial Evidence
If the interdiction involves property or finances, provide documents showing how an infirmity affects the person's ability to make financial decisions. Relevant evidence may include:
Unpaid utility bills or mortgage statements
Bank records showing unusual withdrawals
Evidence of repeated scams or fraudulent transactions
Notices of foreclosure or repossession
Contracts the person could not understand
Interdiction is not designed to punish bad spending habits. Unlike succession matters, which involve administering a person's estate after death, interdiction addresses whether someone can manage their property and financial affairs during their lifetime.
Records showing a pattern of serious financial problems may provide stronger evidence than isolated mistakes, particularly when supported by medical findings or witness testimony.
Evidence of Less Restrictive Alternatives
Louisiana law requires petitioners to explain why less restrictive measures cannot adequately protect the person. The petition must describe alternatives considered or attempted, why certain options were not pursued, and why available measures are insufficient.
Possible alternatives include:
A valid power of attorney
Supported decision-making agreements
Assistance with paying bills
Home health services
Case management or social services
If these measures have failed or cannot adequately address the person's needs, document the reasons. A court should not order interdiction when sufficient protection is available through less restrictive arrangements.
Why the Quality of the Evidence Matters
Not all evidence carries the same weight. Judges consider credibility, consistency, and detail. Contradictory testimony, vague allegations, or unsupported assumptions can weaken your petition.
Recent medical evaluations, dated incident reports, financial records, and firsthand witness accounts can establish how the person's condition currently affects their decisions. Evidence should also identify which abilities remain intact, particularly when limited interdiction may be appropriate.
The person facing interdiction has the right to present evidence, testify, and question witnesses at the hearing. The court evaluates the evidence before deciding whether interdiction is justified.
Contact an Experienced Louisiana Interdiction Attorney
Interdiction can significantly affect a person's independence and legal rights. Establishing the need for court intervention requires evidence of impaired decision-making and an explanation of why less restrictive alternatives are insufficient.
At Marionneaux Law, I help clients prepare interdiction petitions, review supporting documentation, and address the legal requirements for full or limited interdiction. My goal is to present the relevant facts while respecting the rights of the person involved.
If you are considering interdiction and need guidance on what proof may be required, contact my firm to schedule a free phone consultation. Located in Plaquemine, Louisiana, I serve clients statewide.
