Interdictions and Judicial Commitments

The attorneys at Hudson, Potts & Bernstein recognize the need for interdictions and judicial commitments to protect loved ones from serious harm. For this reason, our attorneys seriously consider the trust placed in us to serve the best interest of the potential interdict/committee.

An interdiction is a legal proceeding that determines whether a person, due to an infirmity, is unable to make reasoned decisions regarding the care of his person and/or property, or to communicate those decisions.  There are two types of interdictions: full and limited. A full interdiction occurs when the person cannot manage his person and property whereas a limited interdiction occurs when the person cannot manage his person or property.

At the hearing, it must be proven that less restrictive means are insufficient to meet the potential interdict’s needs.

In the event of an interdiction, the court will appoint a curator to represent the interdict in juridical acts, who is charged with caring for the person and/or affairs of the interdict. The curator owes a fiduciary duty to the interdict and must exercise reasonable care, diligence, and prudence while acting in the best interest of the interdict. The court will also appoint an under curator to provide oversight to the curator.

Who can serve as curator?

Courts consider people qualified for office of curator in the following order of preference:

1. A person designated by the potential interdict in writing, signed by him/her, while having sufficient ability to communicate a reasoned preference.
2. The spouse of the potential interdict.
3. An adult child of the potential interdict.
4. A parent of the potential interdict.
5. An individual with whom the potential interdict has resided for more than 6 months prior to the filing of the petition.
6. Any other person.

What decisions can the curator make?

The curator may make medical, legal, and financial decisions on behalf of the interdict.

Judicial Commitment:

A judicial commitment is a legal proceeding that determines whether a person is suffering from a mental illness that contributes or causes him to be a danger to himself or others or to be gravely disabled. The purpose of a judicial commitment is to provide necessary treatment for a person that cannot take care of their basic needs due to a mental illness, substance-related, or addictive disorder.

At the hearing, it must be proven that the condition of the potential committee is likely to deteriorate without medical treatment and that improvement is likely with medical treatment. If granted, the committee will be committed to a hospital or facility for 180 days of treatment, which may be extended if necessary.

Similarities Between an Interdiction and a Judicial Commitment:

Both require a court hearing to prove the potential interdict’s infirmity and the potential committee’s danger or disability.

Both the interdict and the committee have a right to counsel. Typically, the court will appoint an attorney to represent the potential interdict/committee to ensure fair representation.

Both are involuntary on the part of the interdict/committee.

Schedule a Consultation:

Schedule a consultation with one of our experienced attorneys by calling 318-388-4400.