For some members of our society, legal protection may be necessary even after they have entered adulthood. These individuals may have an incapacitating physical illness or psychological disorder, or because of their age, they are prevented from caring for themselves. In these cases, an interdiction may be necessary. While an executed Power of Attorney may reduce the need for an interdiction, it is not a guarantee that an interdiction is necessary. So what is t?
Interdicts and Curators
Interdiction is a legal arrangement that places an individual, known as the interdict, under the supervision of another person, called a curator. There are two main types of interdictions: interdiction over the person and interdiction over the person’s property.
A curator is typically a family member, friend, or fiduciary appointed by the court. An interdict can be a minor without a parental guardian or an adult who can no longer make safe and sound decisions about his or her own person or property. Additionally, a person may be interdicted who is prone to fraud or undue external influence.
While interdiction does attempt to maintain the interdicts independence, it should only be considered in appropriate cases, as it may significantly impinge upon rights of the individual.
Appointment of a curator can materially limit the rights and privileges of the interdict in areas such as:
- Choosing residence
- Providing informed consent to medical treatment
- Making end-of-life decisions
- Making property transactions
- Obtaining a driver’s license
- Owning, possessing, or carrying a firearm or other weapon
- Contracting or filing law suits
Right to Due Process
To safeguard the proposed interdict’s right to due process, he or she is entitled to notice of, and ability to attend all legal proceedings related to interdiction. In addition, the proposed interdict may obtain representation by an attorney, present evidence, and confront and cross-examine all witnesses. The Court will appoint an attorney to represent the interdict if they cannot or do not choose an attorney.
Interdictionover the Person
Interdiction over the person often relegates the following responsibilities to the appointed curator:
- Determining and maintaining residence
- Providing informed consent to and supervising medical treatment
- Consenting to and supervising non-medical services such as education, psychiatric or behavioral counseling
- Making end-of-life decisions
- Paying debts and other expenses
- Maintaining the protected person’s autonomy as much as possible
The curator may be required to report to the court about his or her activities on an annual basis.
Interdiction over the person’s Property
Interdictionover the person’sproperty transfers the following responsibilities to the curator:
- Organizing, gathering and protecting assets
- Arranging appraisals of property
- Safeguarding property and assets from loss, whenever possible
- Managing income from assets
- Making appropriate payments
- Obtaining court approval prior to any sale of major assets
- Reporting to the court the estate’s status on a regular basis
Many interdictions are temporary arrangements, meant to protect an incapacitated individual until he or she regains capacity.
As said above, a Power of Attorney is a means to circumvent the need of an interdiction, however, with a power of attorney, the person can still act on their own, which means they can still do bad things or be taken advantage of. An Interdiction cuts off the ability of the interdict to do such actions and protects them from themselves and others.
If your have a loved one who you are concerned may no longer be able to care for their person or their property, please call our attorneys at Many & LoCoco today.