pynchon-l-digest V2 #2702-Interdiction

FrodeauxB at aol.com FrodeauxB at aol.com
Sun Aug 18 12:00:53 CDT 2002


For what it is worth, in the Louisiana Civil Code-which is not as so many 
think simply the Code Napoleon, but drawn from both the Spanish and French 
codes, which in turn are drawn form Roman and, yes, ultimately the Code of 
Hammurabi possibly one could reasonably argue even via Leviticus, 
etc.-interdiction is the legal process by which a court determines if a 
major-an individual who presumably has full capacity by virtue of age 
alone-is either physically or mentally incapable of managing his legal 
business or caring for his person (the Code states in an early article that 
the masculine includes the feminine-how wonderfully French one might remark). 
If the court so determines after a trial in which the purported interdict is 
represented by an attorney and evidence and testimony are fully considered, 
the court declares the major an interdict. It appoints a curator (male) or 
curatrix (female) to manage the interdict's affairs and secure care for the 
interdict's person. A bond for faithful performance of these tasks must be 
furnished, and an undercurator/rix is appointed to review the acts of the 
curator/rix, which includes reviewing and approving or challenging the annual 
accounting which the curator/rix must file. There is, of course, much more 
which we could say, but we only do that for an hourly rate. In closing, with 
our baby boomer generation living longer and thus becoming subject to these 
ravages of the aging process we all know so well, this is a growth area of 
the law. We humbly suggest you consider execution of a complete power of 
attorney which is activated only upon certification by your primary care 
physician and an MD learned in diseases/conditions of the aged that you are 
incapable of managing your own affairs. Sorry to bore you, but we thought it 
might be of interest to you.

TTFN,

Frodeaux B
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