Understanding Interdictions & Continuing Tutorships
Some of the most emotionally taxing estate planning decisions center around the declining health or mental capacity of a loved one. For families who have concerns about a teen’s or aging parent’s ability to care for his or herself, manage finances and make rational decisions, it is wise to discuss those concerns with an attorney.
At Lorenzi & Barnatt, L.L.P., our compassionate estate planning attorneys help families, that are struggling with issues related to a loved one’s mental capacity, discover effective and beneficial solutions. We understand the tremendous amount of stress and worry that parents and family members experience when faced with these types of decisions and take care to ensure that your loved one’s best interests are protected and promoted.
When A Loved One’s Mental Capacity Is In Question
Whether the result of substance abuse, a mental illness or dementia, for any family, a loved one’s declining mental capacity is a difficult reality to bear. In cases where family members grow concerned about a loved one’s safety and ability to make decisions, legal options should be explored.
To provide for a loved one’s safety and well-being, family members may turn to the courts and seek a full or limited interdiction. Depending on the circumstances, an interdiction may be sought with or without a loved one’s consent. If granted, the court appoints a curator who is given the legal authority to make decisions for and act on the behalf of the individual for whom the interdiction was sought.
Depending on the scope of the interdiction, an individual may be barred from taking action or making decisions related to the following:
- Operate a motor vehicle
- Make medical decisions
- Leave the state of Louisiana
- Enter into a contract
- Sue or be sued
Helping Parents Provide For A Child With Special Needs
For parents of children with special needs, there may be concerns about a child’s judgment and ability to live independently. Parents retain decision-making authority and legal responsibility over minor-aged children and are therefore better able to protect and provide for a child. However, this changes once a child turns 18 and is legally emancipated.
To protect a child, parents may seek a continuing tutorship — a legal process which extends a parent’s legal authority to act and make decisions on behalf of a son or daughter who is aged 18 years or older. To prevent potential problems, parents should address any concerns they have about a child’s mental state and capacity well in advance of a child’s 18th birthday.
Get The Guidance And Help You Need — Contact An Experienced Attorney
Making the decision to seek an interdiction or continuing tutorship can be difficult. If you have questions and concerns about your loved one’s mental capacity, contact a lawyer at our Lake Charles law office. Call 337-436-8401 or contact us online.