Skip to content

Adult Guardianship in Louisiana

Reviewed by DocDraft Legal Team - Louisiana - Last updated October 9, 2026

Louisiana does not use guardianship or conservatorship for adults. A court in the parish where the adult is domiciled (else of residence, else of physical presence) may order interdiction, full or limited, and appoint a curator, overseen by an undercurator (La. Civ. Code arts. 389, 390; La. C.C.P. arts. 4541-4569). The petitioner bears the burden of proof by clear and convincing evidence (art. 4548). The petition must be verified and describe with particularity the less restrictive means considered or implemented, why any were not considered, and why each is insufficient. The court appoints an attorney for the defendant if the defendant makes no timely appearance through an attorney, and an examiner is optional: the court "may" appoint one.

Find out where you stand in Louisiana

What is happening with the adult you are concerned about?

DocDraft provides document preparation, not legal advice.

How does a court decide an adult needs a guardian in Louisiana?

Louisiana calls it interdiction, not guardianship. A court may order full interdiction of an adult, or an emancipated minor, who due to an infirmity is unable consistently to make reasoned decisions regarding the care of person and property, or to communicate them, and whose interests cannot be protected by less restrictive means. The petitioner must prove it by clear and convincing evidence.

Which court and which form start an adult interdiction in Louisiana?

Any person may petition for interdiction of an adult in the parish where the defendant is domiciled, else of residence, else of physical presence (La. C.C.P. arts. 4541, 4542). The petition must be verified and set out the contents listed in art. 4541(A). Ask the clerk of court in that parish about local forms.

Does Louisiana require a doctor's report for an adult interdiction?

For an ordinary petition, the court may appoint an examiner with training or experience in the type of infirmity alleged (art. 4545); the appointment is not mandatory. Its written report is due not less than seven days before the hearing. A physician's or psychologist's affidavit is required for ex parte temporary interdiction. Ask the clerk whether the court expects medical evidence with an ordinary petition.

What rights does the person have in a Louisiana interdiction case?

The citation and petition must be served personally on the defendant, or the court cannot grant the relief sought. If the defendant makes no timely appearance through an attorney, the court shall appoint one, who must visit the defendant personally unless excused for good cause. The defendant may be present at the hearing, and the court may not proceed in the defendant's absence without good cause.

Louisiana's interdiction, curator and undercurator system

Louisiana uses its own civil-law vocabulary. The adult is the defendant, and if the court orders it, an interdict or a limited interdict; the court-appointed fiduciary is a curator (or limited curator), overseen by an undercurator, and separate curators for the person and for the affairs may be appointed (La. C.C.P. art. 4561(C)(2)). The terms guardian and conservator are not used for adults. Procedure is in La. C.C.P. arts. 4541-4569 and the substantive test is in La. Civ. Code arts. 389 and 390: due to an infirmity, the adult is unable consistently to make reasoned decisions regarding the care of person and property, or to communicate those decisions, and the adult's interests cannot be protected by less restrictive means. Limited interdiction applies the same test to the person or property, or any aspect of either. The petitioner bears the burden of proof by clear and convincing evidence (art. 4548). The petition must be verified and describe with particularity the less restrictive means considered or tried and why each is insufficient (art. 4541(A)(11)); a petitioner seeking full interdiction must state why limited interdiction is inappropriate (art. 4541(A)(4)). Service on the defendant must be personal, and failure to serve the defendant as required precludes the court from granting the relief sought (art. 4543). If the defendant makes no timely appearance through an attorney, the court shall appoint one (art. 4544). An examiner is optional: the court may appoint one, whose written report is due not less than seven days before the hearing (art. 4545). Louisiana also has a ladder of ex parte temporary interdiction (10 days) and preliminary interdiction (30 days) for emergencies.

Relevant Laws

Louisiana Civil Code arts. 389 and 390 (Interdiction: full and limited)

Sets the test for full and limited interdiction of an adult who, due to an infirmity, is unable consistently to make reasoned decisions regarding care of person and property, or to communicate those decisions, and whose interests cannot be protected by less restrictive means.

Louisiana Code of Civil Procedure arts. 4541 and 4542 (Petition and venue)

Lets any person petition for interdiction of an adult, requires a verified petition describing with particularity the contents in art. 4541(A) including less restrictive means, and sets venue in the parish of domicile, else of residence, else of physical presence.

Louisiana Code of Civil Procedure arts. 4543 to 4548 (Service, attorney, examiner, hearing, proof)

Requires personal service on the defendant, appointment of an attorney if the defendant makes no timely appearance through an attorney, an optional examiner whose report is due not less than seven days before the hearing, the defendant's right to be present, and clear and convincing proof.

Louisiana Code of Civil Procedure arts. 4549 and 4562 to 4569 (Emergency interdiction, security and reports)

Covers ex parte temporary and preliminary interdiction, the curator's qualification and security, and annual accounts and personal reports. Ask the clerk of court in the parish where the defendant is domiciled, else of residence, else of physical presence, about local forms.

Regional Variances

Louisiana adult guardianship requirements

Court

The court of the parish where the defendant is domiciled; if not, the parish of residence, else of physical presence (La. C.C.P. art. 4542). The proceeding is summary and by preference (art. 4547). Ask the parish clerk of court about local requirements.

Terms used

Interdiction, full or limited, of an adult. The fiduciary is a curator (or limited curator), overseen by an undercurator; separate curators for the person and for the affairs may be appointed (art. 4561(C)(2)). The adult is the defendant, interdict or limited interdict. Guardian and conservator are not used for adults.

Petition form

Any person may petition (art. 4541). The petitioner verifies the petition and sets out the contents in art. 4541(A)(1)-(11) with particularity, to the extent known. Ask the clerk about local forms, because the court's requirements control.

Incapacity standard and proof

Due to an infirmity, unable consistently to make reasoned decisions regarding the care of person and property, or to communicate those decisions, and interests cannot be protected by less restrictive means (La. Civ. Code arts. 389, 390). Limited interdiction: the person or property, or any aspect of either. Burden on the petitioner by clear and convincing evidence (art. 4548).

Medical or evaluator report

The court may appoint an examiner with training or experience in the type of infirmity alleged; the appointment is not mandatory. The written report is due not less than seven days before a hearing (art. 4545). An affidavit of a licensed physician or psychologist is required for ex parte temporary interdiction (art. 4549(A)(2)(a)).

Notice and service

Citation and petition served personally on the defendant; failure to serve as required precludes the relief sought (art. 4543(A)). Petition mailed by certified mail, return receipt requested, to each other person named, within 3 days of filing (art. 4543(B)). Order fixing the hearing mailed first-class to each other person named at least 10 days before the hearing (art. 4546).

Right to counsel

If the defendant makes no timely appearance through an attorney, the court shall appoint one on the petitioner's application or on its own motion; the attorney is discharged if the defendant retains counsel or intelligently and voluntarily waives counsel, and must visit the defendant personally unless excused for good cause (art. 4544). In temporary or preliminary interdiction the court appoints an attorney in the ex parte judgment and in every order setting a preliminary hearing (art. 4549(C)).

Less restrictive alternatives

Interdiction only if interests cannot be protected by less restrictive means; the petition must describe those considered or implemented and why each is insufficient (art. 4541(A)(11)). Reasons limited interdiction is inappropriate must be stated for full interdiction (art. 4541(A)(4)). Supported decisionmaking is recognized in R.S. 13:4261.101 et seq.

Emergency interdiction

Ex parte temporary: immediate and irreparable injury, loss, or damage before a hearing, with a physician's or psychologist's affidavit; terminates 10 days after signing, extendable once by up to 10 days on the defendant's motion or for extraordinary reasons at a contradictory hearing (La. Civ. Code art. 397; art. 4549(A)). Preliminary, after an adversarial hearing within 20 days of the scheduling order: terminates 30 days after signing, extendable for good cause by up to 30 days.

Bond and reports

Security conditioned on faithful discharge of duties, plus oath, to qualify; revocation is permitted if not qualified within 10 days (arts. 4562, 4563(A)). A sworn descriptive list may replace an inventory unless the court orders otherwise (art. 4563(B)). Annual account (affairs) and annual personal report (person), on termination, and when ordered (art. 4569(A)).

Suggested Compliance Checklist

Weigh less restrictive alternatives

Before filing days after starting

Ask whether a durable power of attorney, a healthcare power of attorney or a supported decisionmaking agreement would meet the need. Interdiction is available only for a person whose interests cannot be protected by less restrictive means, and the petition must describe with particularity those considered and why each is insufficient. If a court order is needed, consider whether limited interdiction fits.

Document: durable-power-of-attorney

Prepare the verified petition

Before filing days after starting

Gather the contents art. 4541(A) requires, to the extent known, including the less restrictive means considered or implemented, why any were not considered and why each is insufficient, and, for full interdiction, why limited interdiction is inappropriate. The petitioner must verify the petition. Ask the clerk of court in the parish where the defendant is domiciled, else of residence, else of physical presence, about local forms and fees.

File in the parish of venue

At filing days after starting

File in the parish where the defendant is domiciled, else of residence, else of physical presence (art. 4542). The court may appoint an examiner, whose written report is due not less than seven days before the hearing; ask the clerk whether the court expects one.

Serve the defendant and mail notice to others named

Within 3 days of filing (mailing); at least 10 days before the hearing (hearing order) days after starting

Serve the citation and petition personally on the defendant, since failure to serve as required precludes the court from granting the relief sought. Within 3 days of filing, mail the petition by certified mail, return receipt requested, to each other person named. Mail the order fixing the hearing first-class to each of them at least 10 days before the hearing. If the defendant makes no timely appearance through an attorney, the court shall appoint one.

Calendar security, oath and reports

Qualify within 10 days or risk revocation; then annually days after starting

A curator must furnish security and take an oath to qualify, and the court may revoke the appointment if the curator does not qualify within 10 days. A curator responsible for the affairs files an account, and a curator responsible for the person files a personal report, annually, on termination of office, and when the court orders, with copies to the undercurator.

Frequently Asked Questions

Other Louisiana guides

Adverse Possession in Louisiana: Acquisitive Prescription at Ten or Thirty Years

Asset Protection Planning in Louisiana (2026)

Dealing With Debt Collectors in Louisiana (2026)

Expunging a Criminal Record in Louisiana (2026)

Filing a Workplace Harassment Complaint in Louisiana

Filing Chapter 7 Bankruptcy in Louisiana (2026)

Ready to Draft Your Document?

Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.

Get Started