New Orleans Interdiction, Conservatorship, Guardianship Lawyer

Attorney in Orleans Parish, Louisiana for Legal Adult Protective Relationships

At Brown Weimer, LLC, we understand that this is a sensitive topic. Your loved one likely does not want to be placed under a legal protective relationship any more than you want to put them under a conservatorship, guardianship, or interdiction. However, sometimes taking this step is necessary to protect someone you love. if your loved one has reached a point where they are no longer capable of managing their own lives or affairs, then legally establishing a custodial relationship may be the kindest thing you can do for them.

Our attorneys strive to ensure that everyone involved in these cases is treated with the utmost degree of respect. We believe you when you tell us how capable, brilliant, or responsible your loved one always was, up until they were struck by incapacity. Our goal is to establish the legal relationship you and your loved one need to keep them and their estate safe and protected in the least invasive way possible. We take your privacy and needs seriously.

Understanding Interdiction in Louisiana

In Louisiana, the term "interdiction" is used to encompass the functions of a conservator and guardian. Our state uses this term to refer to a standard type of legally established adult protective relationship. The person deemed incapacitated is called the "interdict," while the person who functions as a guardian is called the curator.

Interdiction can come in different forms, depending on the needs of the interdict. The curator may become responsible for personal and medical care and decision-making, in addition to financial matters. A curator can generally establish a residence for the interdict, usually a skilled nursing facility. This type of arrangement sometimes becomes necessary when a person who clearly cannot safely remain at home refuses to voluntarily enter a care home.

Making the decision to pursue interdiction for an incapacitated loved on can be extraordinarily difficult and highly personal. Often, the intended interdict is a parent or elderly relative you have looked up to your whole life. Our lawyers cannot tell you when it is time for an interdiction. However, we can evaluate your case and help you determine whether your loved one likely meets the criteria for an interdiction.

Criteria for Establishing Interdiction

To establish an interdiction, we will need to help you prove to the court that your loved one is no longer capable of managing their own personal and financial matters. Generally, these guardianships are established for people who are elderly and suffering age-related conditions that affect the mind. Our firm practices other areas of elder law if you have additional needs.

However, interdictions can also be established for younger adults for reasons related to mental health or disability. Commitment is a closely-related legal concern when younger adults are involved.

Louisiana Lawyer for Help Avoiding Interdiction

Careful incapacity planning can help you avoid an interdiction for yourself later in life. We can help you take matters into your own hands now by creating powers of attorney and employing other strategies to help you prepare for the possibility that you may one day struggle with incapacity. Taking advantage of your ability to plan now can protect both you and your loved ones, who will likely have no need to go to court for an interdiction this way.

Unlike interdiction, powers of attorney can remain private and seamlessly transfer control to a person you choose should you be declared incompetent. If you are pursuing an interdiction for a loved one, you understand the emotional impact of these proceedings. You have the power now to protect your loved ones from going through the same thing, and our lawyers can help you do so.

Contact an Orleans Parish Interdiction Attorney

Brown Weimer, LLC, is committed to helping you protect and care for your loved ones who can no longer manage their own affairs. Our attorneys are sensitive to the emotional effects of these cases while also offering strong advocacy. At our law firm, you will always be able to speak directly with a lawyer. We remain responsive to your questions and concerns throughout the process. Contact us online or call 504-561-8700 to receive a complimentary and confidential consultation. We represent clients throughout the greater New Orleans area.