Do you have a child with special needs? Do you know a person who cannot care for themselves? Miramon Law can help you.
An interdiction is a court procedure where an adult person is found legally incapable of handling their property or taking care of their person and a guardian is appointed to handle their property and to make sure their personal needs are met.
The process for an interdiction is:
We take in the information on the person to be interdicted. We need name, age, date of birth, parents’ names, education, mental capacity, and any physical problems, current medical records and a letter from their treating doctor that they are not capable of handling their property or taking care of themselves without assistance.
Once we get this information, we prepare the court paperwork. A hearing at the courthouse is held. The proposed interdict has an attorney appointed to represent their interests. That attorney will go and meet with the proposed interdict and review any medical records.
If necessary, we will take the recorded testimony of the doctor.
There is a curator or guardian appointed, and a second in charge or under-curator appointed.
Once the interdiction is complete, the curator has all powers to handle matters for the adult incompetent.
Special Needs Trust:
If you want to leave money to a person who has special needs, you would need to set up a special needs trust as to not knock that person off of any government assistance they are receiving.
Once a person with special needs turns 18, they will need to go through the process of an interdiction. This process is described above. Once the interdiction has been completed, a special needs trust can be set up with the interdict’s money.