Defeating a Bad Faith Interdiction Petition in Louisiana Courts

Protecting Your Rights Against Frivolous Interdiction

In Louisiana, interdiction is a severe legal remedy that strips a person of their right to make decisions regarding their own body and finances. Unfortunately, not all petitions are filed out of love and concern. Sometimes, estranged children, greedy relatives, or malicious acquaintances file a bad faith interdiction petition in an attempt to seize control of an elderly person's estate, force them into a nursing home, or gain leverage in a family dispute. If you or a loved one are facing an unnecessary interdiction petition in cities like Lake Charles, Houma, or Bossier City, you have powerful legal tools to fight back and defend your independence.

Proving Capacity in Louisiana Courts

The burden of proof in an interdiction case rests entirely on the person filing the petition. According to La. Civ. Code Ann. art. 389, a court may only grant a full interdiction if the person is consistently unable to make reasoned decisions regarding the care of their person and property due to an infirmity. Isolated mistakes, physical disabilities, or simply making decisions the family disagrees with do not meet this standard.

Step 1: Hiring an Independent Medical Examiner

The most crucial step in defeating a bad faith petition is securing your own medical evidence. While the court will appoint an examiner, you have the absolute right to hire an independent physician, psychiatrist, or neuropsychologist to evaluate you. An independent expert can conduct comprehensive cognitive testing to prove that your mind is sound and that you possess the capacity to manage your daily affairs. This competing medical report is your strongest shield in court.

Step 2: Gathering Evidence of Independence

Courts look at practical daily living when determining capacity. You and your defense lawyer should gather hard evidence of your independence. This includes presenting perfectly balanced checkbooks, recent tax returns, driving records, and testimony from neighbors, bankers, or social groups showing you actively and competently participate in society. If you manage your own medication schedules and pay your bills on time, this evidence directly contradicts claims of incapacity.

Step 3: Cross-Examining the Petitioner

During the interdiction hearing, your attorney will have the opportunity to cross-examine the person who filed the petition. A skilled lawyer will expose their true motives-whether it is an attempt to stop you from changing your will, anger over a new romantic relationship, or a desire to liquidate your home. For example, precedent in cases like In re Interdiction of Benson, 216 So. 3d 950 (LA Court of Appeal 2016) highlights the importance of proving that the petitioner's motives are self-serving rather than protective.

Seeking Attorney Fees for Frivolous Filings

Fighting an interdiction petition is expensive, but Louisiana law offers protection for victims of malicious lawsuits. Under La. Code Civ. Proc. Ann. art. 4550, if a judge determines that the interdiction petition was denied and that the petitioner acted in bad faith, filed frivolously, or lacked any reasonable grounds, the judge can order the petitioner to pay all costs. This includes reimbursing you for your defense attorney's fees and the costs of the independent medical examiners. Threatening to pursue these fees can often force a bad faith petitioner to drop the case before it even goes to trial.

Protecting Yourself from Financial and Physical Harm

While the litigation is pending, the petitioner might attempt to secure a temporary interdiction to freeze your assets. Defense counsel typically seeks to oppose or vacate ex parte temporary orders. To show the court that a curator is unnecessary, you can demonstrate that less restrictive means are already in place. For instance, if you have already executed a valid Power of Attorney pursuant to La. Civ. Code art. 2989, and have an estate plan, the court is legally required to prefer these less restrictive alternatives over a full interdiction.

How Long Does the Defense Process Take?

Defeating a bad faith petition typically takes anywhere from 3 to 6 months. The court will likely schedule a preliminary hearing quickly, but gathering independent medical evaluations, conducting depositions of the bad faith family members, and preparing for a full evidentiary trial can extend the timeline. Your local District Court, such as the 14th Judicial District Court, Lake Charles, will ultimately set the docket schedule based on the complexity of the trial.

Frequently Asked Questions (FAQ)