Baton Rouge Interdiction Attorney
The Path to Establishing Incapacitation
If a person has failed to execute a durable powers of attorney and has become incapacitated, it may be necessary for a family member or interested party to file legal proceedings to establish the person as incapacitated. This legal process is called interdiction. Other states may refer to these proceedings as “guardianship”.
If you need help navigating the interdiction process, we urge you to request a complimentary phone consultation with our knowledgeable estate planning lawyers at Losavio & DeJean, LLC, The Louisiana Elder Law Firm. Our Baton Rouge interdiction attorneys give a voice to families in need of comprehensive legal counsel.
Your Guide through the Interdiction Process
To be deemed incapacitated, a person must be unable to consistently make or communicate reasoned decisions regarding the care of his or her person and property. If you wish to establish a family member as legally incapacitated, you will face the lengthy and complex legal proceeding of interdiction.
The interdiction process normally involves:
- Filing a lawsuit against the person to be interdicted
- Serving that person with the lawsuit
- Appointing an attorney to represent that person during the proceedings
- Having a hearing before a judge
- Receiving a judgment finding incapacity of that person and appointing a curator
Once a person is appointed as an incapacitated person’s curator, they can administer the incapacitated person’s property and make decisions on the person’s behalf. There will be an ongoing duty to provide accounting and to file pleadings to approve transactions by the Court.
Why Retain Losavio & DeJean, LLC?
The interdiction process has a specialized legal procedure that must be followed carefully. All interdiction laws and procedures must be met if you wish to obtain a judgment of interdiction. Pleadings must be in the proper form and the case must be presented to the judge at a hearing.
Not all attorneys have experience handling interdiction cases, so it is important to retain an attorney who understands this specialized field of law. At your initial office consultation with Losavio & DeJean, LLC, you will be interviewed by one of our attorneys to attain the information we need to navigate your case. We can discuss and make recommendations regarding the interdiction and provide you with an estimate on fees and costs.
Our Baton Rouge Interdiction Attorney Can Help. Call Today!
If you decide to retain our firm and we accept your case, a written contract shall be executed. If it is uncontested and non-problematic, we will charge a fixed fee. If a matter is contested or problematic, a retainer will be charged in advance of any work. Our attorney will then bill you on an hourly basis from this retainer. You will also have to pay estimated court costs in advance.