Louisiana Full vs Limited Interdiction: What Each One Strips and Preserves

The Two Tiers of Interdiction

Louisiana doesn't use "guardianship" or "conservatorship." When an adult lacks the capacity to make decisions after age 18, the court process is called interdiction — and it comes in two forms under La. C.C. arts. 389 and 390.

Full interdiction declares a person completely unable to make any civil decisions. The court transfers total authority over their person and property to a curator. The interdict loses the right to enter contracts, choose where to live, marry, vote, or execute a will. Louisiana appellate courts have described this as "civil death" — the most extreme deprivation of individual rights the civil law system allows.

Limited interdiction restricts only specific capacities. The court's judgment must enumerate exactly which rights transfer to the curator and which the individual keeps. A person under limited interdiction might lose authority over financial transactions while retaining the right to make medical decisions, choose a residence, and vote.

How Courts Decide Between Full and Limited

Both require the same evidentiary standard: clear and convincing evidence of incapacity, which is significantly higher than the standard civil burden. The key difference is scope.

For full interdiction, the petitioner must prove the individual is "consistently unable to make or communicate reasoned decisions regarding the care of his person and property." Every domain of decision-making must be impaired. If the evidence shows capacity in a particular area, the court should limit the interdiction to the domains where capacity is absent.

Since the Dustin Gary Act (2020), petitioners must also describe what less restrictive options (SDM, mandates, representative payee) were tried and why they failed. The petition must describe what less restrictive options were considered or tried and why they were insufficient.

What Each Type Costs

The procedural costs are nearly identical — both require:

• Parish filing deposit ($400–$1,000 depending on the parish)
• Court-appointed attorney for the proposed interdict (with costs allocated by the court)
• Medical examiner evaluation and report (if ordered by the court)
• Attorney fees for the petitioner ($3,000–$7,000+)

The ongoing costs diverge slightly. Full interdiction requires the curator to post a fiduciary bond (tied to the estate's value — often waived when the individual's only income is SSI), compile a detailed asset inventory, and file annual financial accountings reviewed by the undercurator and the judge. Limited interdiction carries the same oversight requirements but only for the domains under the curator's authority.

Modification After the Judgment

Interdiction isn't necessarily permanent. Under Louisiana law, any person, including the interdict, a family member, or the undercurator, can petition the court to modify or terminate the interdiction if circumstances change. If a fully interdicted person develops new skills through supported employment or adaptive training, the curator or family can request a modification to limited interdiction — or a full termination if the individual demonstrates restored capacity.

The modification process requires a new medical evaluation and a formal court hearing, but it costs significantly less than the original interdiction filing because no new case is opened.

When Limited Interdiction Makes More Sense

For most families of adults with intellectual or developmental disabilities, limited interdiction is the better fit. Many adults with disabilities can choose their own daily routines, express medical preferences, and participate in community activities — they just need someone with legal authority to manage finances or sign certain contracts.

The Louisiana Adult Guardianship & Alternatives Guide includes a side-by-side comparison worksheet that helps you identify exactly which decision-making domains your family member needs help with, so you can petition for the narrowest interdiction that actually protects them.

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