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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