Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
In Louisiana, appointing a guardian (for minors) or a conservator—termed an “interdiction” for adults—requires a court proceeding under the Louisiana Civil Code and Code of Civil Procedure. Follow these steps to seek guardianship or conservatorship for an incapacitated relative:
1. Identify the Appropriate Protection
Determine whether you need tutorship (for a minor) or interdiction (for an adult). Adult interdiction may be full (complete incapacity) or limited (specific incapacities). See La. Civ. Code art. 389 for definitions: La. Civ. Code art. 389.
2. File the Petition
File a written petition in the district court of the parish where your relative resides. The petition must:
- State the proposed ward’s name, age, address, and nature of incapacity.
- Identify the proposed guardian or conservator.
- Describe why less restrictive alternatives (e.g., power of attorney) are inadequate.
See petition requirements in La. Code Civ. Proc. art. 393: C.C.P. art. 393.
3. Obtain Medical Certification and Expert Examinations
The court will appoint two medical experts (often two physicians) to examine the proposed ward and submit written reports. Additionally, you must attach a recent medical certificate signed by a qualified physician documenting the incapacity.
See expert-examination rules in La. Civ. Code art. 397: La. Civ. Code art. 397.
4. Notice and Hearing
The court will notify the proposed ward, close relatives, and any existing minor’s tutor or adult custodian. A hearing date is set at least ten days after notice. At the hearing, the judge reviews evidence, hears testimony, and ensures the proposed ward’s rights are protected. A court-appointed attorney will represent the ward.
See hearing procedures in La. Civ. Code art. 403: La. Civ. Code art. 403.
5. Court’s Decision and Letters of Curatorship
If the judge finds clear and convincing evidence of incapacity, the court issues an order of interdiction (full or limited) and appoints a curator (the equivalent of a guardian/conservator). The court will issue Letters of Curatorship authorizing the curator to act on behalf of the ward.
See issuance in La. Civ. Code art. 407: La. Civ. Code art. 407.
6. Post-Appointment Duties
- Inventory: The curator must file a detailed inventory of the ward’s assets within 20 days after appointment (C.C.P. art. 414).
- Accounting: The curator must file annual accountings and final accounts upon discharge (C.C.P. art. 418).
Helpful Hints
- Start early: Medical examinations and court scheduling can take weeks or months.
- Gather documentation: Collect medical records, financial statements, and proof of residence beforehand.
- Consider alternatives: Explore powers of attorney or health care directives if your relative retains some capacity.
- Keep records: Maintain copies of all filings, orders, inventories, and accountings.
- Consult professionals: Work with an attorney and a certified public accountant (CPA) if the ward’s estate is complex.
- Stay informed: Louisiana statutes can change. Verify current law on the Louisiana Legislature website at www.legis.la.gov.