When Adults Need Legal Protection — and How Louisiana Handles It
In Louisiana, the law provides two main paths for protecting someone who can’t make their own decisions: interdiction and tutorship.
Both are court-supervised processes that give someone legal authority to act on another person’s behalf — but they apply to very different situations.
Knowing the difference between interdiction and tutorship helps families choose the right legal path to protect their loved one’s best interests.
What Is Interdiction in Louisiana?
Interdiction is a court process that removes some or all of an adult’s legal rights because of incapacity.
If an individual over 18 cannot consistently make reasoned decisions about their person or property due to mental illness, disability, or injury, the court may appoint someone (called a curator) to make decisions on their behalf.
There are two main types of interdiction:
- Full Interdiction: The court removes all rights to manage personal or financial affairs.
- Limited Interdiction: The court removes only certain rights, allowing the individual to retain others.
A curator (the responsible decision-maker) and an under-curator (the person who monitors the curator) are appointed to protect the interdict’s interests.
Example:
If your elderly parent with dementia can no longer manage finances or healthcare decisions, interdiction allows you to step in legally and protect them from harm.
What Is Tutorship in Louisiana?
Tutorship applies to minors, not adults.
Under Louisiana law, parents are the natural tutors of their minor children. Tutorship gives parents (or appointed tutors) the authority to make decisions for a child under 18 — about education, healthcare, finances, and legal matters.
There’s also a special form called Continuing Tutorship, which extends parental authority after a child turns 18 if that child has a documented intellectual disability.
Example:
If your child with special needs is turning 18 but still functions below age level, you can petition for Continuing Tutorship to keep making necessary decisions.
Key Differences Between Interdiction and Tutorship
| Category | Tutorship / Continuing Tutorship | Interdiction |
|---|---|---|
| Who It’s For | Minors or adults with developmental disabilities (functioning below age 18) | Adults (18+) unable to care for themselves or manage property |
| When It’s Filed | Before or shortly after age 18 | Any time after age 18 |
| Legal Authority Granted To | Tutor | Curator (and under-curator) |
| Restrictiveness | Less restrictive; retains some rights | Can be full or limited |
| Court Process | Filed in district court, requires physician/psychologist letter | Filed in district court, may require testimony or medical reports |
| Legal Code | Louisiana Civil Code Articles 354–366 | Louisiana Code of Civil Procedure Articles 4541–4560 |
Which Option Is Right for Your Family?
If your loved one is under 18 or about to turn 18 and has a developmental disability, Continuing Tutorship may be ideal.
If your loved one is already an adult who has lost decision-making capacity, Interdiction is the right legal tool.
Every family’s situation is unique. The right choice depends on age, capacity, medical documentation, and long-term care goals.
Why Legal Guidance Matters
Both interdiction and continuing tutorship permanently affect a person’s rights. Working with a Louisiana attorney experienced in special needs and elder law ensures the petition is filed correctly and the court grants the proper level of authority.
At Morrison Law Group, PLC, we help Louisiana families navigate these complex decisions with compassion and clarity — from evaluating capacity to preparing petitions and court filings.
If you’re unsure which process fits your situation, we’re here to help you understand your options.
📞 Call our Metairie or Covington office at (504) 831-2348
💻 morrisonlawplc.com/contact
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