Sometimes the law deals with topics and subject matter that is unpleasant. While some people would rather imagine that life is always fair and equitable, oftentimes it is not. Despite how sad or difficult a particular family situation might be, Louisiana family law courts are willing to step in and resolve it the best way it can. This could be considered the case in interdiction actions.
Interdiction is the process by while a mentally infirm or otherwise handicapped individual gives up some or all of their personal and property decision making. Those rights are transferred to what’s called a “curator”; normally a family member or other trusted individual who is sworn in a court of law to administer the affairs of the interdicted person fairly and in the best interests of that person. When those rights are transferred to the curator, their signature on a legal document many times can be equated to the interdicted person’s signature. The relationship is somewhat akin to that of a parent and their child. A parent is often tasked with making decisions for the un-emancipated minor that, were that child an adult, they would be able to make themselves.
Let’s say for example there is a guy named Raymond. He is a normal, healthy, adult male. He works in a factory. He is single and in his 30s. Other than work and watching football, Raymond really loves to play scratch off lottery tickets. One day, while playing a scratch off, Raymond unbelievably wins twenty million dollars. Rather than accepting the yearly payments of that sum over time, Raymond elects to take the payment in a smaller lump sum amount of fifteen million dollars.
About a year after being a millionaire, Raymond’s life is pretty great. One thing he made a point to do after getting all that money was to set up a local charity to benefit children who could not pay the fees associated with playing in town sports leagues. If the children needed money for football pads, or entry fees, they could apply to Raymond’s charity and normally they would get the money they needed. Raymond put approximately one million of his dollars into this charity.
Now let’s say that unfortunately, Raymond is seriously injured in a very bad motorcycle accident. His injury is mainly to his brain. Despite the best efforts of the doctors, Raymond emerges from the hospital three months later mentally handicapped. The doctors estimate that his intellect is now about the same as a ten year old boy.
In this situation, Raymond’s family may move to have him interdicted. If successful, this process could divest Raymond’s rights over his money and his charity to the curator. This could ensure that Raymond’s wishes before the accident—such as his local charity—could continue to benefit children as he had always intended. Because his injury has rendered him incapable of tending to the charity as he used to, the curator could be given the responsibility of managing Raymond’s money in this regard. Depending on the circumstances, a curator may also be given the right to administer Raymond’s total estate.
This article is written to be general information only; it should not be taken as legal advice. Will Beaumont. New Orleans.
When you are in southeast Louisiana and you need family law assistance, contact one of the New Orleans divorce attorneys. One such legal professional can be found at Beaumont Divorce of Metairie, 3814 Veterans Memorial Blvd #302, Metairie, LA 70095 (504) 834-1117.