Louisiana Civil Code Articles 389 and 390: The Statutes Behind Full and Limited Interdiction

The Two Articles That Control Interdiction

Every Louisiana interdiction case runs through two statutes in the Civil Code: Article 389 (full interdiction) and Article 390 (limited interdiction). Understanding exactly what each article requires — and the procedural code that implements them — helps families anticipate what the court will expect before they walk into a hearing.

Article 389: Full Interdiction

La. C.C. art. 389 authorizes a court to order full interdiction when a person, due to an infirmity, is "consistently unable to make reasoned decisions regarding the care of his person and property, or to communicate those decisions."

Three elements must be established:

1. An infirmity — a medically verifiable physical, cognitive, or psychiatric condition. This isn't a behavioral or lifestyle judgment; it requires documented medical evidence.
2. Consistent inability — not a temporary episode or a bad day. The court must find that the person is persistently incapable, not occasionally confused.
3. Both person and property — full interdiction requires incapacity across all decision-making domains. If the person can handle medical decisions but not financial ones (or vice versa), the court should grant limited interdiction under Article 390 instead.

The standard of proof is clear and convincing evidence — substantially higher than the ordinary preponderance standard used in most civil cases. This protects individuals from losing their civil rights based on weak or ambiguous evidence.

Article 390: Limited Interdiction

La. C.C. art. 390 covers situations where a person lacks capacity in some areas but retains it in others. The court's judgment must specify with precision:

• Which rights and capacities transfer to the curator
• Which rights the limited interdict retains
• The scope of the curator's authority (financial only, medical only, or specific combinations)

The evidentiary standard is the same: clear and convincing evidence. But the scope of what must be proved is narrower — the petitioner demonstrates incapacity in specific domains rather than across the board.

The Procedural Framework: Articles 4541 and 4548

The Civil Code defines what interdiction is. The Code of Civil Procedure defines how to get one.

C.C.P. art. 4541 establishes the petition requirements. Since the 2020 Dustin Gary Act amendments, the petition must now include a detailed description of what less restrictive alternatives (supported decision-making, mandates, representative payee) were attempted and why they failed. A petition that skips this requirement is vulnerable to dismissal.

C.C.P. art. 4548 governs the burden of proof at the hearing. The surrounding interdiction procedures also provide that the proposed interdict will:

• Be personally served with the petition
• Have an independent attorney appointed to represent them, with costs allocated by the court
• Attend the hearing and contest the petition
• Be examined by a court-appointed medical expert if the court orders an examination

These procedural safeguards exist because interdiction strips civil rights — the legislature determined that the process should be adversarial, with built-in protections for the person whose rights are at stake.

How These Articles Work Together in Practice

When a family files for interdiction, the court evaluates the case through both the substantive and procedural lenses simultaneously:

Substantive question (Arts. 389/390): Does clear and convincing evidence establish that this person cannot make or communicate reasoned decisions? If so, in all areas (full) or only specific areas (limited)?

Procedural question (Arts. 4541/4548): Did the petitioner exhaust less restrictive alternatives? Was the proposed interdict properly served and represented? Did the court-appointed examiner submit a report? Were all statutory requirements for the petition met?

A petition can fail on procedural grounds even when the underlying incapacity is obvious. The statutes exist together as a system — meeting the substantive standard without the procedural requirements isn't enough.

For a practical translation of these statutory requirements into step-by-step filing instructions, the Louisiana Adult Guardianship & Alternatives Guide breaks down each article into the specific evidence and documents your family needs to prepare.

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