Asked in Estate Planning for Louisiana

Q: My mother is hospitalized and medically incapacitated. Can I establish a conservatorship/guardianship on here behalf?

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1 Lawyer Answer

Christie Tournet

Answered
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: Yes. It is called an interdiction and is still a civil suit. But, if you can provide medical evidence/affidavits as to condition and all of the heirs - spouse and children are in agreement, it can make the process much more smooth, especially for your mom, who will be the Defendant. The court will ultimately make a decision on whether to strip your mother of her rights to contract and make decisions for herself. The court does not take that decision lightly and will want to not only review the medical evidence, but question the heirs, and also question/see the Defendant, even if the Defendant is hospitalized.

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