Details Required for Interdiction Petition

To draft a petition for an adult interdiction, specific details and documents are needed to ensure the petition is thorough, legally compliant, and tailored to your relative's circumstances. Here’s a checklist of information and documents that you should provide to help with the process:

Details Required for the Petition

1. Petitioner Information:

   • Your full legal name, address, and contact information.

   • Your relationship to the person for whom interdiction is sought (the respondent).

2. Respondent Information:

   • Full legal name, date of birth, and current address of the relative.

   • Details of their physical or mental condition that render them incapable of managing their own affairs.

3. Basis for the Interdiction:

   • Specific reasons why the interdiction is necessary (e.g., inability to manage finances, make healthcare decisions, or risk of harm/exploitation).

   • Examples of incidents or evidence demonstrating their incapacity or vulnerability.

4. Existing Powers of Attorney:

   • A copy of the Power of Attorney (POA) document.

   • Explanation of why the POA is insufficient to protect their interests or why interdiction is still necessary.

5. Proposed Curator:

   • Your details as the proposed curator (if you are seeking to be appointed).

   • Explanation of your suitability to serve in this role (e.g., familiarity with their needs, financial responsibility).

   • Alternative curator (if applicable) in case the court appoints someone else.

6. Other Interested Parties:

   • Names, relationships, and contact information of other immediate family members or interested parties (e.g., children, spouse, siblings).

   • Confirmation that they have been notified (or will be) of the petition.

7. Assets and Income:

   • Description of the respondent's financial situation (e.g., income sources, bank accounts, real estate, debts).

   • Any documentation showing financial mismanagement or risk to their resources.

8. Medical Evidence:

   • Details of their diagnosis or condition, with supporting evidence.

   • Names and contact information of treating physicians or medical professionals.

   • Medical records or a recent evaluation from a licensed physician documenting incapacity (if available).

9. Proposed Scope of Interdiction:

   • Whether you are seeking full interdiction (all decision-making) or limited interdiction (specific areas like finances or healthcare).

10. Court Jurisdiction:

    • The state and parish (or county) where the petition will be filed, based on where the respondent resides or owns property.

Documents to Provide

1. Power of Attorney: Copy of the existing POA document.

2. Medical Records: Any medical evaluations or letters from healthcare providers supporting the claim of incapacity.

3. Financial Records: Bank statements, property deeds, or evidence of financial mismanagement, if relevant.

4. Identification Documents:

   • Your ID and proof of address.

   • The respondent's ID (if available).

5. Relevant Court Orders or Agreements: Any previous court orders related to guardianship, conservatorship, or other legal arrangements.

6. Witness Statements: Letters or affidavits from family, friends, or caretakers describing the respondent’s condition or incidents demonstrating incapacity.

Next Steps

1. Compile the information and documents outlined above.

2. Draft the petition in compliance with your state’s specific legal requirements for interdiction (this varies depending on jurisdiction).

3. File the petition in the appropriate court and provide notice to interested parties as required.

4. Prepare for the court hearing, which may include presenting medical evidence, testimony, and arguments for why interdiction is necessary.

If you need help drafting the petition or navigating the process, consult an attorney experienced in guardianship or interdiction cases in your jurisdiction.