What Is Interdiction in Louisiana? Protecting a Loved One Who Can No Longer Manage Their Affairs

By Joseph Stanier Manning

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Divorce

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Last Modified on Sep 03, 2026

When it comes to Louisiana family laws, there are a lot of nuances and unique concepts that people must understand in order to make educated decisions for themselves and their families. For instance: What is interdiction in Louisiana? There are a couple of different types of guardianship recognized under Louisiana law. Guardianship, or curatorship, over an adult is known as interdiction.

Louisiana interdiction laws can be difficult to navigate, especially as you’re trying to take care of your loved ones. A Baton Rouge guardianship lawyer can help you understand your legal options and represent you through your case. Whether you’re filing a new petition or seeking to modify or terminate an established interdiction order, it’s imperative that you understand Louisiana’s legal system and know what to expect throughout the process.

Understanding Louisiana Interdiction Laws

Interdiction is a legal process for determining whether or not an individual is capable of making decisions on behalf of themselves and their property. As a general rule of thumb, judges tend to opt for the least restrictive option possible when it comes to making decisions for vulnerable parties. 

• Full interdiction. If the court determines an individual cannot make decisions about themselves or their property, a curator can be granted full interdiction. This offers complete control over the indicted person’s life and affairs.
• Limited interdiction. If the indicted individual has the capacity to make some decisions, the curator may be granted limited interdiction over certain areas of their life. Typically, a curator can manage just the person’s finances or just their medical care.

You also may be able to file a motion for a temporary interdiction if you believe the subject is in serious harm and needs immediate intervention. You can expect to submit evidence proving the necessity of the motion and to attend a preliminary interdiction hearing.

Under Louisiana interdiction laws, any adult with a clean criminal record technically is able to become a curator. That said, the court is likely going to defer to someone close to the dependent, such as adult children, grandchildren, or spouses. The individual must prove that they can be a trusted guardian for the subject and continue to prove that throughout their appointment as their curator.

If you’re filing for interdiction over an adult in Louisiana, you can expect to handle the case through the district court that covers your parish. It’s wise to hire a guardianship lawyer for more information on your specific case.

Reasons for Opening an Interdiction Case in Louisiana

There are many reasons to file for interdiction over an adult, including:

• Alzheimer’s disease
• Dementia
• Intellectual or developmental disabilities
• Psychosis
• Schizophrenia
• Substance abuse
• Traumatic brain injuries

The older a person gets, the greater the risk of one of these situations occurring. Approximately 18 percent of Louisiana’s population is over the age of 64. Many families plan for this early by writing a living will, which puts a person’s medical wishes in writing before they lose the ability to say them out loud.

That said, the unexpected can happen at any time. Every year, around 450,000 Louisianans visit emergency rooms for injuries, and 22,000 are hospitalized. The incapacitated individual must be a legal adult or emancipated minor. They aren’t always older adults.

FAQs

What Are the Requirements for Filing for Interdiction in Louisiana?

There are requirements for filing for interdiction in Louisiana, including age restrictions, petition requirements, and procedural steps. For starters, the subject must be an adult or emancipated minor. The curator also must be a legal adult.

You must demonstrate that the subject is consistently unable to communicate or make decisions for themselves or their property. You must also show that you actively tried less restrictive options before resorting to interdiction.

What’s the Difference Between Interdiction and Tutorship in Louisiana?

The difference between interdiction and tutorship in Louisiana lies in the age of the subject and the scope of power granted. Interdiction is the process of appointing a curator for an adult. Tutorship is the legal authority to care for a minor.

Louisianans can take advantage of a hybrid option called Continuing Tutorship, which allows tutors of children with severe intellectual disabilities to extend their tutorship into adulthood without having to apply for interdiction.

Can I Modify an Interdiction Order in Louisiana?

Yes, you can modify an interdiction order in Louisiana. In order to do so, you must either prove that there was a significant change in the incapacitated party’s mental state or that there is something wrong with the current interdiction terms.

It’s also possible to terminate a judgment of interdiction for a valid cause. In either of these situations, it’s wise to hire a guardianship lawyer to represent your interests and help you secure a favorable outcome.

Does a Curator Override a Power of Attorney in Louisiana?

Yes, a curator overrides a power of attorney in Louisiana. A curator is a court-ordered position that gives the appointed party complete or partial control over certain aspects of an incapacitated person’s life.

A power of attorney is appointed by the person themselves and approved by the court. If a curator is granted full interdiction, the POA’s power is terminated. If they have limited interdiction, the curator may still go over the POA for certain decisions.

Hire a Guardianship Lawyer to Discuss Your Legal Options Under Louisiana Interdiction Laws

Louisiana has unique civil laws that are rooted in French, Spanish, and Roman tradition rather than English Common Law. This can make navigating matters like interdiction cases more complicated. It’s recommended that you hire a guardianship lawyer to represent you in and out of the courtroom.

Rowe & Manning Law Firm LLC has been representing individuals and families in Louisiana since 2000. Our legal team brings decades of combined experience to the table, including many successful outcomes for our clients.

As a local firm, we’re proud to be the helping hand families need during these challenging times. If you’re ready to discuss your situation in more detail, our team is just a phone call away.

Contact the office to schedule an initial consultation and learn more about how we can help with your interdiction case. We’re located close to the I-10 and I-12 interchange, making us an easy stop for our clients throughout East Baton Rouge Parish and beyond.