Baton Rouge Guardianship Lawyer

Baton Rouge Guardianship Attorney

Guardianship is a legal tool that families choose to utilize to protect individuals who are underage or disabled. A Baton Rouge guardianship lawyer can help you understand the right legal options for you and your loved ones.

People who are incapacitated and can no longer manage their own personal and financial affairs can benefit from the help of a guardian. In Louisiana, the process is called interdiction for guardianship over adults and either tutorship or kinship guardianship for cases involving children.

Individuals and families throughout East Baton Rouge Parish and beyond have been trusting Cascio Law Firm to help them through complex legal matters for decades. Our Baton Rouge family lawyer, Chris Cascio, brings extensive family law experience and has deep roots here in Louisiana. When you need an advocate you can trust in and out of the courtroom, Geaux Cascio.

Navigating Louisiana Guardianship Laws

To become a guardian, or curator, in Baton Rouge, you must first prove that the individual in question is truly unable to care for themselves. You can expect strict court oversight throughout guardianship cases in order to protect the dependent and keep them out of dangerous situations with a curator.

Many different situations may lead to a minor or incapacitated adult needing a guardian. Furthermore, curators take on a number of different rights and responsibilities based on the needs of the dependent.

Guardianship Over Minors in Baton Rouge

Under Louisiana law, you can be appointed as either a “tutor” or “kinship guardian” over a child based on their best interests and the details of the situation. While any adult can technically become a curator, Louisiana courts are likely to defer to the dependent’s spouse, adult child, or grandparent before considering other parties.

In Louisiana, approximately 10.6 percent of children live in a grandparent-headed household. If none of the above are viable options, other potential curators can include:

• Close friends
• Other family members
• Trusted community members
• Professional guardians

When seeking guardianship over a child, you must first prove that they are a Child in Need of Care through the court. The East Baton Rouge Family Court typically oversees guardianship cases involving minors on North Boulevard.

After that, the Department of Children and Family Services (DCFS), the parent, or the attorney assigned to the case can put forth a guardianship request. You can expect judges to make decisions based on the child’s best interest at any point throughout the process. Curators are required to file an annual report regarding the dependent minor’s affairs.

Curatorship Over Adults in Baton Rouge

Curatorship over adults, or interdiction, is typically handled by the 19th Judicial District Court. There are two main types of interdiction under Louisiana law.

Full interdiction allows the curator to have full control over the person and their property. Limited interdiction, on the other hand, gives them power over specific areas of their life.

Some common catalysts of interdiction over adult cases in Baton Rouge include:

• Alzheimer’s disease
• Dementia
• Intellectual or developmental disabilities
• Psychosis
• Schizophrenia
• Substance abuse
• Traumatic brain injuries

Approximately 14 percent of the population in Baton Rouge is aged 65 or older. That said, things can happen to anyone at any age. It’s important to have a plan in place just in case.

In the event a curator is assigned to an incapacitated individual, the court is also going to assign an undercurator. This person’s job is to make sure the curator does their job correctly. A Baton Rouge guardianship attorney from Cascio Law Firm can help you understand all of these concepts and more as your family legal partner.

FAQs

What Are the Eligibility Requirements for Guardianship in Baton Rouge?

The eligibility requirements for guardianship in Baton Rouge include what’s in the best interest of the individual in need. Under Louisiana law, any adult with a clean criminal record is technically eligible to become a guardian, or curator.

You can expect the court to defer to someone close to the dependent, such as an adult child, a grandparent, or a spouse. The curator must be a legal adult who is a trusted guardian for the child or incapacitated adult.

Can I Be Disqualified From Becoming a Guardian in Baton Rouge?

Yes, you can be disqualified from becoming a guardian in Baton Rouge. Most adults that have direct ties with the dependent or that are trusted by the court to oversee their care are eligible to become a curator or tutor in Louisiana.

That said, certain factors may make you ineligible for guardianship. For starters, you cannot have been charged with offenses involving dishonesty, neglect, or violence. You also cannot be underage yourself.

Do All Guardianship Cases Go to Court in Baton Rouge?

No, all guardianship cases do not have to go to court in Baton Rouge. It is possible to transfer temporary care of a child without a judge’s approval, such as through a provisional custody by mandate.

However, you typically must attend official court hearings and receive a formal order from a judge to secure permanent tutorship over a child or curatorship over an adult. This is either done through the East Baton Rouge Family Court or the 19th Judicial District Court.

What’s the Difference Between Becoming a Tutor and Kinship Guardian in Baton Rouge?

The difference between becoming a tutor and kinship guardian in Baton Rouge lies in the details behind a child’s removal from the home. Tutorship gives the appointed guardian the legal right over a child’s education, health, and overall well-being.

Relatives can be appointed as kinship guardians specifically in the event a child is removed from the home by DCFS for abuse or neglect. This more permanent placement grants the guardian authority to make important decisions without strict state oversight.

Hire a Guardianship Lawyer in Baton Rouge to Support You Through Complex Family Legal Matters

If you’re facing a complex family legal matter, hire a guardianship lawyer you can trust. Cascio Law Firm is here for you no matter what goes down throughout your case.

If you’re ready to discuss your case in more detail, you can find us right here in downtown Baton Rouge. We’re located on Bluebonnet Boulevard, close to I-10. Contact our office to schedule your consultation today.