Louisiana Interdict Rights: What Rights Does a Fully Interdicted Person Lose?

Full Interdiction Is the Most Severe Option in Louisiana Law

Louisiana appellate courts have described full interdiction as "civil death" — and that description is accurate. When a court enters a judgment of full interdiction under La. C.C. art. 389, the individual loses the legal capacity to perform virtually any juridical act. All decision-making authority transfers to a court-appointed curator.

Understanding exactly which rights are extinguished matters — both for families considering whether full interdiction is appropriate, and for those who may want to seek modification to a less restrictive arrangement later.

Rights Lost Under Full Interdiction

A fully interdicted person in Louisiana loses the legal capacity to:

• Enter into contracts — including leases, employment agreements, cell phone plans, and subscriptions
• Manage money — opening bank accounts, writing checks, making purchases beyond basic personal spending (controlled by the curator)
• Choose where to live — the curator has authority over residential placement, subject to court oversight
• Marry — the interdict cannot enter into a marriage contract without court approval
• Vote — full interdiction has historically removed voting rights, though this area is subject to ongoing legal scrutiny
• Execute a will (testament) — the interdict cannot create or modify a testament
• Accept or renounce inheritances — these decisions belong to the curator
• Sign medical consent forms — all healthcare decisions transfer to the curator
• Make educational decisions — the curator controls IEP participation and educational program choices

What a Full Interdict Retains

Even under full interdiction, the individual retains certain protections:

• Due process rights — the right to an attorney, to attend hearings, and to petition the court
• The right to petition for modification or termination of the interdiction
• Protection from abuse — the curator has a fiduciary duty and is subject to court oversight
• Personal dignity — the curator must consider the interdict's preferences and wishes in making decisions, even though the curator has final authority

The court-appointed undercurator serves as an independent watchdog, reviewing the curator's annual financial and personal reports and alerting the court to any mismanagement.

Limited Interdiction Preserves Specified Rights

If the individual has capacity in some areas but not others, limited interdiction is the appropriate path. Under La. C.C. art. 390, the court's judgment must specifically list which rights transfer to the curator and which the individual retains.

A common arrangement: the curator manages finances and signs medical consent forms, while the limited interdict retains the right to choose their residence, participate in employment decisions, and maintain social relationships without restriction.

Restoring Rights: Modification and Termination

Interdiction is not necessarily permanent. Any person, including the interdict, a family member, or the undercurator, can petition the court to modify or terminate the interdiction when circumstances change.

To modify a full interdiction to limited, or to terminate it entirely, the petitioner must present new medical evidence showing improved or restored capacity. The court will typically order a fresh psychological or medical evaluation. If the evidence supports restored capacity in specific areas, the judge can narrow the scope of the interdiction or end it completely.

This process is significantly less expensive than the original interdiction because no new case is initiated — it's a modification of an existing judgment. However, it still requires a formal court hearing with evidence.

If your family is weighing whether full interdiction is the right level of restriction, the decision framework in the Louisiana Adult Guardianship & Alternatives Guide walks through each right individually and helps you determine the minimum level of intervention that actually protects your family member.

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