Louisiana Guardianship Alternatives for Disabled Adults: The Term Louisiana Law Actually Uses

Louisiana Doesn't Use the Word "Guardianship" for Adults

If you've been searching for "Louisiana guardianship" and getting confused by the results, here's why: Louisiana is the only U.S. state that operates under a civil law system derived from the Napoleonic Code rather than common law. It uses completely different terminology from every other state.

Where other states say "guardianship," Louisiana says interdiction. Where other states say "conservatorship," Louisiana uses curatorship (the person appointed is the curator). The pre-18 option that extends parental authority is called continuing tutorship — a concept that doesn't exist in any other state's legal system.

National self-help legal guides that use "guardianship" and "conservatorship" throughout are not written for Louisiana and cannot be filed in Louisiana courts. Using the wrong terminology in a petition can result in dismissal.

The Four Options on Louisiana's Legal Spectrum

Louisiana provides four distinct legal mechanisms for establishing authority over a disabled adult, arranged from least restrictive to most restrictive:

Supported Decision-Making (SDM) — your child keeps 100% of their legal rights. They choose one or more supporters to help gather information and explain choices. Requires notarization and two witnesses under the Dustin Gary Act (2020). No court involvement. Best for adults who can make choices when options are explained clearly.

Contract of Mandate (Power of Attorney) — your child voluntarily grants a mandatary (agent) authority to act on their behalf in specified areas. Requires the child to have contractual capacity at the time of signing. No court involvement. Best for adults who understand the nature of delegating authority.

Continuing Tutorship — a streamlined court process available only for minors ages 15–17. Extends parental authority past the 18th birthday. Since 2024's Act 123, courts can grant limited continuing tutorship that restricts authority to specific areas. Requires coroner concurrence and evidence of intellectual or adaptive functioning below two-thirds of peers.

Interdiction — a full adversarial court proceeding available at age 18+. The court appoints a curator to manage the person's affairs after proving incapacity by clear and convincing evidence. Available as full (all rights transferred) or limited (only specified rights transferred). The most expensive and restrictive option, typically $5,000–$10,000+.

How to Choose

The decision framework is straightforward:

Start with SDM. If your child can participate in choices with support, SDM preserves their autonomy and costs virtually nothing. Since 2020, courts require interdiction petitioners to explain why SDM was insufficient — it's now the legally expected starting point.

Add a mandate if needed. If your child can understand contracts, a mandate covers the transactions where a supporter's role isn't enough (signing leases, authorizing surgery). Pair it with SDM for comprehensive coverage.

File for continuing tutorship before 18. If your child's cognitive or adaptive functioning falls below the two-thirds threshold and they can't understand contracts, this is the window that permanently closes at 18. It costs a fraction of interdiction and involves no adversarial hearing.

Reserve interdiction for last resort. If your child turned 18 without tutorship, can't sign a mandate, and SDM is insufficient, interdiction is the remaining path. Push for limited interdiction unless full interdiction is genuinely necessary — courts are legally obligated to restrict authority to only the domains where capacity is absent.

For a detailed decision worksheet that maps your child's specific capacities to the right legal mechanism, see the Louisiana Adult Guardianship & Alternatives Guide.

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