Interdictions are judicial proceedings in which a person attempts to gain control over the life of another individual. To interdict a person, it must be proven by clear and convincing evidence that the person, due to an infirmity, is incapable of managing their own affairs. Interdiction has such grave consequences that it has been referred to as “civil death.” A person who is fully interdicted loses many rights including:
- The right to manage their own life or make their own decisions
- The right to manage their own property
- The right to vote
- The right to marry
- The right to drive a motor vehicle
- The right to make their own medical decisions
- The right to possess a firearm
- The right to sue or be sued
- The right to travel out of state without permission
A person is named their curator and the curator has the right to make the decisions over the interdicted person’s life.
There are two types of interdiction:
In a limited interdiction, the interdicted person may lose control over their finances, for example, but maintain control over other areas of their life.
Unfortunately, those seeking an interdiction of another person do not always have that person’s best interests as their paramount concern. A person who is the subject of an interdiction proceeding has the right to choose their own attorney.
Interdiction proceedings can have serious repercussions and therefore, require an attorney experienced in these matters. Katherine L. Hurst has extensive experience in interdiction litigation.