Bethard and Bethard: Protecting the best interest of your loved ones

Interdictions

What Is Interdiction?

In Louisiana, interdiction is a legal process that appoints a responsible person, called a curator, to assist an individual who can no longer make sound decisions regarding their personal care, finances, or both. This step is only taken when it becomes clear that the individual’s ability to care for themselves has significantly declined, and no less restrictive alternatives are sufficient to protect them.

When Is Interdiction Necessary?

Families often struggle with the decision to seek interdiction for a loved one. While no one wants to impose legal restrictions, sometimes it becomes necessary to protect a vulnerable family member. If your loved one can no longer manage their personal, financial, or legal affairs, establishing a custodial relationship may be the most compassionate choice.

At Bethard & Bethard, LLC, we handle these cases with care and respect, striving to create the least invasive solution while ensuring your loved one’s safety and well-being.

Types of Interdiction

Louisiana recognizes two types of interdiction:

• Limited Interdiction: The interdict loses the ability to make certain decisions, such as managing finances, but retains control over others, like medical care.
• Full Interdiction: The interdict is deemed incapable of making any major decisions, and the curator assumes full responsibility for personal, medical, and financial matters.

A curator may also be responsible for securing appropriate living arrangements, including placement in a skilled nursing facility if necessary.

Making the Decision

Deciding to pursue interdiction for a parent or elderly relative is deeply personal and often emotional. While we cannot decide for you, our attorneys can evaluate your case and help determine if your loved one meets the legal criteria for interdiction.

You Are Not Alone

At Bethard & Bethard, LLC, we are committed to guiding families through this complex process with sensitivity and strong advocacy. Our goal is to help you navigate this challenging time with confidence, ensuring that your family receives the protection and peace of mind you deserve.

Tutorship

Continuing Tutorship for Children with Mental Disabilities

As your child approaches the age of 18, it’s natural to begin thinking about their future and how they will manage decisions as an adult. If your child has mental disabilities, this is especially important, as the law considers them an adult once they turn 18. This means that as parents, you may no longer have the legal right to make decisions on their behalf unless you take steps to arrange a continuing tutorship before they turn 18.

What is a Continuing Tutorship?

A continuing tutorship is a legal process that allows you, as the parent, to continue being responsible for your child’s well-being after they turn 18. It ensures that you can make crucial decisions about their health, finances, and care, even as they reach adulthood. It’s important to start this process when your child is between 15 and 18 years old, so there is plenty of time to prepare.

The Roles of Tutor and Under-Tutor:

• Tutor: This is typically you, as the parent, who will continue to provide the day-to-day care for your child. You will also be responsible for making decisions about their health, finances, and legal matters. Your role is to ensure they live with dignity, safety, and the support they need.
• Under-Tutor: This is a person who will be appointed to help make sure that you, as the Tutor, are always acting in your child’s best interest. This is a support system to ensure the child’s needs are met appropriately.

When is a Continuing Tutorship Necessary?

A continuing tutorship is especially important when your child has mental disabilities that make it difficult for them to make certain decisions on their own. This might be indicated by formal testing, such as an IQ test, or other relevant evaluations by medical professionals.

To qualify, your child must have less than two-thirds of the intellectual functioning expected for someone their age. This process is intended to provide a safeguard for children with special needs, ensuring they continue to receive the care and protection they deserve.

What Happens if You Don’t Get a Continuing Tutorship?

If a continuing tutorship is not put in place before your child turns 18, your legal authority as a parent will be limited. This means you would no longer have the ability to make decisions about their finances, healthcare, or other important aspects of their life.

If you don’t establish a continuing tutorship, you would need to pursue a more complex and expensive legal procedure called interdiction. This process is more difficult and stressful for both you and your child, so it’s much better to start the tutorship process early to avoid these complications.

We Are Here to Help!

At Bethard & Bethard, L.L.C. we are committing to helping you to ensure your child’s well-being as they grow into adulthood. By planning ahead and setting up a continuing tutorship, you are making sure they will continue to have the support they need for a bright and secure future. If you need guidance on how to begin this process or any other questions, Bethard & Bethard, L.L.C. is here to help. You’re not alone in this journey, and we are available to help every step of the way.