Many people require legal protection even though they are over the age of 18. This might be due to a debilitating injury or illness, or it could be related to a lifelong psychological disorder. Some individuals are unable to care for themselves due to their advanced age.
In any of these cases, a Metairie guardianship lawyer could help with the process, known as interdiction. A dedicated estate planning attorney could help petition the court to order this level of protection for a loved one who cannot meet their needs.
Understanding the Terminology
Interdiction is a legal relationship between two parties. One party, the curator, is tasked with provider supervision for the other. The supervised individual is known as the interdict.
Most of the time, these proceedings are initiated by a close family member who believes their loved one is incapable of meeting their own needs. A family friend or other person appointed by the court could also start the proceedings.
The interdict could be of any age. They are often children who lack a full-time parent to care for them. However, the court is also empowered to appoint a curator on behalf of adults who cannot care for themselves.
What Does This Role Cover?
Interdiction takes different forms from one case to another because the needs of every individual differ. In some situations, a curator may only be responsible for making decisions about the interdict’s personal life and medical care. This could include selecting an inpatient facility on their behalf or determining whether they require surgery.
Sometimes, a curator’s help is necessary in financial matters. They could be asked to invest the assets of the interdict or to make certain that their bills and expenses are paid. The court will ultimately determine whether a person can safely make important decisions independently. A Metairie guardianship attorney could make the case for or against granting these powers to a third party.
Establishing Interdiction
A judge will not create a guardianship relationship without good reason. The law values personal independence and only allows its removal when necessary. There is a high burden for convincing a judge to appoint a curator. There must be proof that the person in question can no longer capably manage their personal or financial matters to establish an interdiction.
The courts will look for clear evidence an individual cannot function on their own. The reasons can vary, from old age to a long-standing mental illness. Often, judges expect testimony from experts who will show there is no other option.
While making a case for guardianship can be challenging, the support of a Metairie attorney can improve the chances of success. An attorney can assist in collecting evidence that shows a person can no longer safely care for themselves or live independently.
Talk to a Guardianship Attorney in Metairie Right Away
The support of skilled legal counsel can go a long way toward showing a judge that interdiction is necessary. While this process is rarely easy, securing an order from the court is often the best way to protect a loved one in need. Reach out to a Metairie guardianship lawyer today to discuss your options.
