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When a Court Appoints a Curator

La. C.C. art. 389 — interdiction only when an adult cannot make reasoned decisions and nothing less restrictive will protect them

A court may order the full interdiction of an adult who, because of an infirmity, cannot consistently make reasoned decisions about his person and property, or communicate them, and whose interests cannot be protected by less restrictive means. A limited interdiction covers only the person, the property, or some part of either.

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  • Anyone may petition, stating the reasons, the proposed curator, and the efforts made to use less restrictive means first.
  • If the person does not appear through a lawyer, the court appoints one, who personally visits the person.
  • While a petition is pending, a temporary interdiction may issue when grounds likely exist and substantial harm is imminent.

The court appoints a curator, who acts with reasonable care and in the interdict's best interest. A curator of a limited interdict gets only the powers needed to protect the interdict.

Sources for this section (6)
  1. La. C.C. art. 389 — Full interdiction
  2. La. C.C. art. 390 — Limited interdiction
  3. La. C.C. art. 391 — Temporary and preliminary interdiction
  4. La. C.C. art. 392 — Curators
  5. La. C.C.P. art. 4541 — Petition for interdiction
  6. La. C.C.P. art. 4544 — Appointment of attorney

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.

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