How do I petition for guardianship or conservatorship in Louisiana?
1. Terminology. Louisiana is unique among U.S. states. 'Interdiction' creates a curator (for the person and/or property) for an incapacitated adult; 'tutorship' (with a tutor) protects minors. There is no 'guardianship' or 'conservatorship' as such.
2. Adult Interdiction. Under La. C.C. art. 389, a court may interdict a natural person of the age of majority, or an emancipated minor, who due to an infirmity is unable consistently to make reasoned decisions regarding the care of their person or property, or to communicate those decisions, and whose interests cannot be protected by less restrictive means. Limited interdiction is preferred (art. 390).
3. Minor Tutorship. Under La. C.C. art. 246, tutorship arises by nature (surviving parent), by will, by effect of law (next of kin), or by appointment of the judge.
4. Petition. File in the district court of the parish where the defendant is domiciled (La. C.C.P. art. 4541). Personal service on the defendant; notice to spouse, adult children, parents, siblings.
5. Court Investigator / GAL. An attorney must be appointed to represent the defendant (La. C.C.P. art. 4544); a court evaluator may also be appointed.
6. Capacity Evaluation. Medical and psychological evidence is required; clear and convincing evidence standard (La. C.C. art. 389).
7. Hearing & Order. Defendant has rights to attend, counsel, present evidence, cross-examine, and demand a jury (La. C.C.P. art. 4547). Court must impose the least restrictive means and consider limited interdiction.
8. Powers & Duties. Bond required for curator (La. C.C.P. art. 4554); inventory within 60 days; annual account; court approval for sale of immovable property (real estate) under La. C.C.P. art. 4561.
9. Alternatives. Mandate (Louisiana's POA, La. C.C. arts. 2989-3032), declaration regarding life-sustaining procedures (La. R.S. 40:1151), continuing tutorship for adults with intellectual disability (La. R.S. 9:1021), and the use of natural tutorship and supported decision-making frameworks.
10. Termination. Termination on restored capacity (La. C.C. art. 397), death, or minor reaching 18.
11. UAGPPJA. Louisiana adopted UAGPPJA at La. R.S. 13:4261.101 et seq.
This is legal information, not legal advice.
- Louisiana's unique civil-law interdiction framework with limited vs. full options
- Continuing tutorship under La. R.S. 9:1021 for adults with intellectual disability
- Sale of immovable (real) property by curator requiring court approval
- La. C.C. arts. 389-399
- La. C.C. arts. 246-280
- La. R.S. 9:1021
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.