Interdiction, known as guardianship outside of Louisiana, is a crucial legal service provided by Kallio Law Firm, LLC, a well-respected estate planning practice based in Prairieville. Serving clients throughout Prairieville, Ascension Parish, and the Greater Baton Rouge area, Eric Kallio, our lead attorney, has the sensitivity and well-honed skills required to handle interdiction cases.
Whether you’re seeking to protect a loved one who can no longer make reasonable decisions independently, exploring the options available for someone in your care, or concerned about the possibilities of losing control over your own life, Kallio Law Firm will provide you with support, guidance, and wise legal counsel every step of the way.
What Is Interdiction?
Interdiction is a legal process through which a court appoints an individual (the curator) to make decisions for another person (the interdict) who is unable to make those decisions due to mental or physical incapacity. This process is designed to protect the individual’s well-being and financial interests when they are no longer able to do so themselves.
There are two types of interdiction. Full interdiction involves the transfer of all decision-making authority from the interdict to the curator whereas limited interdiction grants the curator authority to make decisions only in specific areas (for example, financial matters) in which the interdict is deemed incapable.
Duties and Responsibilities of a Curator
A curator is entrusted with significant responsibilities, including managing the interdict’s financial affairs, making healthcare decisions, and ensuring their general welfare. The curator is required by law to act in the best interests of the interdict, managing their assets prudently, and providing for their care and protection.
The curator makes a wide range of decisions on behalf of the interdict, which may include:
- Deciding where the individual will live
- Giving access to the individual’s medical records
- Consenting to medical treatment on the interdict’s behalf
- Filing a lawsuit for the interdict
- Making financial decisions about investments
- Making deposits, paying bills, signing checks, keeping financial records
- Arranging for and coordinating appointments and daily activities
The scope of these decisions depends on whether the interdiction is full or limited and may, in some instances, require court approval for a particular action.
Safeguards to Protect the Interdicted Individual
The curator must submit an annual report detailing the interdict’s condition, the care provided, and an accounting of their assets, and can be held liable for negligence or misuse of the interdict’s assets. Moreover, an undercurator may be appointed by the court to act as a check on the curator, ensuring the interdict’s interests are protected.
There are also other legal safeguards to protect the rights and well-being of the interdicted individual. For instance, a hearing is necessary before the court can approve moving the interdicted person to a nursing facility This requirement is designed to ensure that the interdict’s rights are not infringed upon without careful, objective consideration.
Alternatives to Interdiction
It is important to be aware that there are several alternatives to interdiction. Consulting with Eric Kallio will help you decide if one of the following is more appropriate than interdiction in your particular circumstances:
Choosing a Curator
It is possible for individuals to nominate their own preferred curator in advance of any legal proceeding. This has the advantage of providing the interdicted individual with a comforting sense of retained control and free will.
Putting Assets in a Trust
Taking this step may be a fine solution if the interdict’s incapacity manifests primarily in terms of financial matters since it takes assets out of their hands and has them managed by a trustee.
Executing Power of Attorney
By executing durable power of attorney the incapacitated individual appoints someone to make legal decisions on their behalf, such as signing contracts, making healthcare decisions, paying bills, and filing lawsuits which, in some cases, may achieve the same objectives as an interdiction.
Creating an Advance Directive (Living Will)
In this document, the individual can specify their wishes regarding medical treatment and end-of-life care well before becoming incapacitated so that their wishes are known if they cannot state them.
Defending Against Interdiction
In spite of the safeguards to protect individual rights, not every attempt at interdiction is warranted or in the best interest of the alleged interdict. If you feel that you or someone close
to you is being unnecessarily confronted by interdiction proceedings, Eric Kallio is here to help. He has the knowledge and strategic ability to defend against inappropriate interdiction by challenging the need for interdiction in court, proposing less restrictive alternatives, or disputing the choice of curator.
Contact Our Experienced Interdiction Attorney Today
At Kallio Law Firm, we are equally adept at assisting parties seeking interdiction and supporting those defending against it. Eric Kallio has an in-depth understanding of the complicated nature of these cases and the emotional toll they take. He is committed to handling the legal and logistical matters involved with respect, compassion, and efficiency.
Whether you are looking to protect a loved one through interdiction or seeking alternatives to maintain autonomy, Kallio Law Firm will provide you with effective, empathic representation. As soon as you contact Eric Kallio, you will realize that his history of giving his all for others is still a vital part of him and his long-standing reputation as a dedicated attorney is well-earned.
