Louisiana Civil Code

Table of Contents (Download PDF)

TITLE IX - PERSONS UNABLE TO CARE FOR THEIR PERSONS OR PROPERTY

 

CHAPTER 1 - GROUNDS FOR INTERDICTION

Art. 389. A court may order the full interdiction of a natural person of the age of majority, or an emancipated minor, who due to an infirmity, is unable consistently to make reasoned decisions regarding the care of his person and property, or to communicate those decisions, and whose interests cannot be protected by less restrictive means. [Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001]

Art. 389.1. [Blank]

Art. 390. A court may order the limited interdiction of a natural person of the age of majority, or an emancipated minor, who due to an infirmity is unable consistently to make reasoned decisions regarding the care of his person or property, or any aspect of either, or to communicate those decisions, and whose interests cannot be protected by less restrictive means. [Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001]

Art. 391. When a petition for interdiction is pending, a court may order a temporary or preliminary interdiction when there is a substantial likelihood that grounds for interdiction exist and substantial harm to the health, safety, or property of the person sought to be interdicted is imminent. [Amended by Acts 1948, No. 321, §1; Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001]

 

CHAPTER 2 - GENERAL DUTIES OF CURATORS AND UNDERCURATORS

Art. 392. The court shall appoint a curator to represent the interdict in juridical acts and to care for the person or affairs of the interdict, or any aspect of either. The duties and powers of a curator commence upon his qualification. In discharging his duties, a curator shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the interdict.

The court shall confer upon a curator of a limited interdict only those powers required to protect the interests of the interdict. [Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001]

Art. 393. The court shall appoint an undercurator to discharge the duties prescribed for him by law. The duties and powers of an undercurator shall commence upon qualification. In discharging his duties, an undercurator shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the interdict. [Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001]

 

CHAPTER 3 - EFFECTS OF INTERDICTION

Art. 394. Interdiction does not affect the validity of a juridical act made by the interdict prior to the effective date of interdiction. [Acts 1997, No. 1117, §1; Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001]

Art. 395. A full interdict lacks capacity to make a juridical act. A limited interdict lacks capacity to make a juridical act pertaining to the property or aspects of personal care that the judgment of limited interdiction places under the authority of his curator, except as provided in Article 1482 or in the judgment of limited interdiction. [Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001; Acts 2001, No. 509, §1, eff. June 1, 2001; Acts 2003, No. 1008, §1]

Art. 396. A judgment of interdiction has effect retroactive to the date of the filing of the petition for interdiction. [Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001]

 

CHAPTER 4 - MODIFICATION AND TERMINATION OF INTERDICTION

Art. 397. The court may modify or terminate a judgment of interdiction for good cause. Interdiction terminates upon death of the interdict or by judgment of the court.

A judgment of preliminary interdiction granted after an adversarial hearing terminates thirty days after being signed, unless extended by the court for good cause for a period not exceeding thirty days.  A judgment of temporary interdiction granted ex parte terminates ten days after being signed. On motion of the defendant or for extraordinary reasons shown at a contradictory hearing, the court may extend the judgment of temporary interdiction for one additional period not to exceed ten days. [Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001]

Art. 398. An order modifying or terminating a judgment of interdiction is effective on the date signed by the court. [Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001]

 

CHAPTER 5 - RESPONSIBILITY FOR WRONGFUL FILING OF INTERDICTION PETITION

Art. 399. A petitioner whose petition for interdiction is denied is liable for resulting damages caused to the defendant if the petitioner knew or should have known at the time of filing that any material factual allegation regarding the ability of the defendant consistently to make reasoned decisions or to communicate those decisions was false. [Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001]

Arts. 400-426. [Blank]

 

TITLE X - OF CORPORATIONS [REPEALED]

Arts. 427-447. [Repealed. Acts 1987, No. 126, §1]