Baton Rouge Mental Health Lawyer

Baton Rouge Mental Health Attorney

When people are admitted to the emergency room or are admitted to the hospital and are mentally incapacitated, unable to give informed consent, or mentally ill, and no family support, they may need to be placed in appropriate long-term care or have a curator appointed to make decisions on their behalf. If this is not a voluntary procedure, it may become necessary to undertake the commitment proceedings process detailed under Louisiana mental health law or perhaps file an interdiction proceeding. As such, a skilled Baton Rouge Mental Health Lawyer is of paramount importance.

As one of the most experienced and trusted health care law firms in Baton Rouge, Louisiana, Watson, Blanche, Wilson & Posner, LLP, is prepared to bring its expertise to efficiently and conscientiously conduct commitment proceedings and interdictions from start to finish with the best results for hospitals, physicians, patients and families.

The Basics of Interdiction

Interdiction is a process that can be invoked to protect individuals who can’t care for themselves. A court can formally declare that a person is incapable of managing themselves and then appoint a curator to act on their behalf.

There are two types of interdiction: full and limited. Full interdiction allows the curator to have total control over personal and financial decisions, but limited interdiction only focuses on certain areas. Louisiana courts usually prefer to assign limited interdiction to protect the person’s independence, but they review evidence to determine what type of interdiction is appropriate.

Filing for interdiction in Louisiana starts with filing a formal position with the court. The petitioner must provide evidence of the person in question being incapacitated. This evidence usually takes the form of medical reports or professional testimony.

After the petition is received, a legal proceeding follows. This process includes a hearing, wherein the court hears arguments from both sides. The court might also appoint an attorney to represent the individual who is being considered for interdiction. This way, the process can make sure the decision is justified.

Mental health and interdiction are often intertwined. Disorders like schizophrenia, severe depression, or dementia can prevent people from handling the routine tasks required for managing their lifestyle.

Alternatives to Interdiction

Courts can consider alternative measures to interdiction if they want a less restrictive option. These methods include:

• Power of Attorney: A power of attorney allows an individual to assign someone to handle specific decisions on their behalf. This option can avoid the need for interdiction if the person still has the mental capacity to give someone else this authority.
• Healthcare Directives: These enable people to detail their medical preferences and appoint someone to make decisions on their healthcare treatment. This option provides a way to address medical issues without getting the court involved.
• Guardianship: Guardianship is different from interdiction. It allows the curator to oversee the individual’s care without fully limiting their autonomy. This option works well when the person needs oversight but can still make some independent decisions.
• Financial Management Tools: Setting up financial instruments, like trusts, or appointing a financial advisor can address concerns about money management without establishing interdiction. This provides support while also respecting the person’s autonomy.

Family and community support can also help people without requiring interdiction proceedings. Coordinating among caregivers often addresses many concerns informally.

Rights and Responsibilities of Curators

If a court issues an interdiction order, the interdicted person loses some legal rights. These can include the right to enter contracts, manage finances, or make medical decisions. The extent of these limitations depends on where the court grants full or limited interdiction.

The appointed curator has significant responsibilities. They have to act in the interests of the interdicted person and manage their affairs responsibly. Louisiana law holds curators accountable for their actions and requires them to report regularly to the court. This oversight verifies that the curator’s decisions serve the individual’s needs and respect their dignity.

The specific responsibilities of a curator vary based on the type of interdiction assigned. The curator might need to:

• Maintain records for financial transactions.
• Invest and manage assets.
• Pay the individual’s bills if they have control over their financial affairs.

They also need to file annual reports with the court and sometimes receive approval for major decisions, like selling property or relocating the interdicted person.

Changing an Interdiction Order

Interdiction orders are not necessarily permanent. Louisiana allows for modifications or reversals if circumstances change. For example, if the person’s mental health significantly improves, they can petition the court to restore their rights.

The process involves submitting a request for review and providing evidence supporting the change. Medical evaluations and professional testimony can demonstrate that the person no longer requires interdiction. Courts carefully consider these requests to maintain the safety of the individual.

Alterations to the order can also address changes in the individual’s needs. For example, a full interdiction can be reduced to a limited one if the person regains some capacity but still cannot be fully independent.

If you or your organization in Baton Rouge, LA is faced with a commitment or interdiction proceeding issue or you have concerns that you may be in the future, our Baton Rouge Mental Health Lawyer are here to provide the guidance and assurance necessary to look out for the best interest of your organization, its patients and their families.

FAQs

Q: What Is Interdiction in Louisiana?

A: Interdiction in Louisiana is a legal process used to protect people who cannot care for themselves or their affairs due to physical or mental issues. A court can appoint a curator to make decisions on behalf of the interdicted person. This process is meant to protect the individual while respecting their rights. To justify such a court order, the interdiction process requires proof of the person’s incapacity.

Q: How Does Mental Health Affect Interdiction?

A: Mental health affects interdiction because it is often the root of the issue that caused the petition in the first place. A condition like severe mental illness or cognitive decline can prevent someone from understanding important decisions or impact their ability to function. It also affects whether another solution, like a power of attorney, could work instead. The decision requires a balance between the individual’s safety and their right to autonomy when possible.

Q: Who Can Petition for Interdiction in Louisiana?

A: Those who can petition for interdiction in Louisiana include family members, close friends, or other concerned parties. The most important part of an interdiction petition is proof that the petitioner is involved in the person’s life and that the individual needs a legal intervention. The petitioner must have a legitimate interest in the person’s well-being to prevent people from serving their own interests instead of the interdicted person’s.

Q: What Is the Difference Between Full and Limited Interdiction?

A: The difference between full and limited interdiction is in the amount of control the interdicted person has. Full interdiction transfers all decision-making power to a curator and covers both personal and financial issues. This level is reserved for individuals who are completely unable to manage their own affairs. Limited interdiction is more targeted and only allows the curator to address certain areas where the person needs help.

Contact Watson, Blanche, Wilson & Posner, LLP

Louisiana’s mental health and interdiction laws exist to address difficult situations with loved ones. If you have questions about how they apply to your situation, schedule a consultation with our Baton Rouge Mental Health Lawyer at Watson, Blanche, Wilson & Posner, LLP, today.