Do you have a child with special needs? Do you know a person who cannot care for themselves? Miramon Law can help.
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 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 need to set up a special needs trust as to not jeopardize that person receiving any of their government assistance.
Once a person with special needs turns 18, the process of an interdiction is necessary. This process is described above. Once the interdiction has been completed, a special needs trust can be set up with the interdict’s assets.