Baton Rouge Guardianship Lawyer

Baton Rouge Guardianship Attorneys

Whether an individual is underage, disabled, or otherwise incapacitated, guardianship is a tool that can help protect them if they become unable to manage their own affairs. Working with a Baton Rouge guardianship lawyer can help you understand the legal steps necessary when seeking guardianship.

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With over 15 years of experience in various areas of family law, Rowe & Manning Law Firm, LLC, has built a reputation for delivering efficient legal solutions for our clients. We handle our clients’ cases with precision and a tireless work ethic. We are determined to earn your trust and provide the dedicated legal representation that you and your loved ones deserve.

What Is Guardianship?

Guardianship is a unique legal situation where a court appoints a guardian to watch over another person because they cannot do so themselves. In Louisiana, this process is called interdiction. If the individual is unable to take care of themselves for whatever reason, the guardian (also known as the curator) can help them make decisions on things like healthcare and personal well-being. The courts oversee this process to make sure that the ward is not abused, neglected or taken advantage of by a potential guardian.

In Baton Rouge, Louisiana, an interdiction is typically not granted unless sufficient evidence proves that the individual is truly incapacitated and that an interdiction is necessary. If less restrictive alternatives could be considered, like a power of attorney or other forms of support from their family, then an interdiction might not be granted. If the process is successful, an under-curator will also be appointed to supervise the curator and monitor their actions.

There are different forms of interdiction that can be applied depending on the situation. If the interdicted individual is able to control certain aspects of their life, then the curator might only receive limited guardianship for a few areas of control. If this is not possible, then the curator might receive full interdiction. This grants the curator the ability to make almost any decision about the interdicted individual’s person and/or property.

Individuals Eligible to Become a Guardian

Although anyone of sound mind over the age of 18 can become a guardian or curator, the court has preferences. If the interdicted individual chose a person to be their curator and said so in writing along with a signature while they still had the mental faculties to do so, then this person will usually be appointed. This situation can occur in cases of dementia or other degenerative conditions.

If the interdicted individual did not make this decision beforehand, the court usually prefers to appoint a relative, such as a spouse, a child (18 or above), or a parent. After considering these individuals, the court might consider others close to the interdicted individual, like friends or other family members. In some cases, multiple curators are assigned for different aspects of the interdicted individual’s life.

What Does a Curator Do?

A curator can take on many different roles based on the needs of the interdicted individual. If the individual has significant medical conditions, a curator might have to make important healthcare decisions, like deciding who to give medical records to or where the individual will receive treatment. An individual with a financial curator would have them sign checks or authorize transactions on their behalf. They could also pay bills and make investments.

In addition to the everyday decisions, a curator must file an annual report detailing financial actions and personal details about the interdicted individual. Some of the larger decisions a curator might be responsible for might also need court approval. For more information on how to make decisions as a curator, contact a Louisiana guardianship attorney.

FAQs

How Do I Get Legal Guardianship in Louisiana?

To get legal guardianship in Louisiana, you must go through a formal legal process. The person initiating the procedure, usually someone who is close to the individual they believe needs guardianship, is called the petitioner because they are the ones who file the initial petition to explain their case. After this, a hearing is scheduled to present evidence, like medical records and other documentation, before a final decision is made.

Is Guardianship Temporary or Permanent?

Guardianship can be either temporary or permanent, depending on the individual’s unique circumstances. If someone needs immediate care due to a medical emergency or the sudden absence of a parent, temporary guardianship usually suffices. However, if the individual is incapacitated and is likely to be for a significant amount of time, a permanent situation might be considered, with an occasional review from the court.

Who Can Be Appointed as a Guardian in Louisiana?

Who can be appointed as a guardian in Louisiana can vary depending on the needs of the person being considered for guardianship. While any adult with valid mental faculties can be appointed as a guardian, the court tends to prefer individuals who are related to the person who needs care, either biologically or via a trusted friendship.

How Is Guardianship Different from Custody?

Guardianship is different from child custody because custody typically refers to a minor child. The word “custody” is more often used when filing for divorce or examining child welfare. While guardianship can still apply to children, it can also be used for adults who cannot make important choices for themselves. Custody usually focuses on physical needs and daily care, while guardianship is usually more oriented toward financial and medical issues.

A Careful Review of Complicated Guardianship Proceedings

Guardianship exists to make sure the people you care about are taken care of. Whether you’re concerned about a child or an elderly relative, it is important to check that they have the right financial and legal protection.

If you’re ready to begin the guardianship process, schedule a consultation with Rowe & Manning Law Firm, LLC. Let us help you to make appropriate decisions for your loved ones who need assistance. With our extensive experience in guardianship law, we’re prepared to resolve any issues that may arise along the way.