Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Filing the Petition:
Louisiana uses unique terms for guardianship proceedings. Under Louisiana law, an interdiction is a legal process where a court is asked to determine, from testimony and other evidence presented, whether a person is unable, due to an infirmity, to consistently make decisions regarding his person and/or his property, or to communicate those decisions. A full interdiction occurs when a court determines that the individual is incapable of consistently making decisions about his person and his property.
Any person may petition for the interdiction of a natural person of the age of majority or an emancipated minor. The person over whom interdiction is sought must be given personal notice of the proceedings.
Notice of Action:
Within three days of filing the petition, the petitioner shall mail a copy of the petition by certified mail, return receipt requested, to the last known address of each person named in the petition.
Examinations, Evaluations, and Interviews:
A curator is a person appointed by the court to care for the interdicted person or his affairs, make decisions for the interdicted person, or to act in the place of the interdicted person. After the filing of a petition for interdiction, the court may appoint an examiner who has training or experience in the type of infirmity alleged. The court may compel the defendant to submit to an examination by the examiner. Not less than seven days prior to a hearing, the examiner shall provide a written report to the court, all counsel of record, and any unrepresented parties.
Adjudication and Disposition:
If after a hearing the court or a jury determines the adult is incapacitated by clear and convincing evidence, the judge issues an order appointing a curator and outlining the scope of the guardian's powers.
La. Code Civ. Proc. § 4541 through La. Code Civ. Proc. § 4561