CCP 4541

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CCP 4541

TITLE VIII. INTERDICTION AND CURATORSHIP OF INTERDICTS

CHAPTER 1. IN GENERAL

Art. 4541. Petition for interdiction

A. Any person may petition for the interdiction of a natural person of the age of majority or an emancipated minor. The petitioner shall verify the petition and, to the extent known, shall set forth the following with particularity:

(1)The name, domicile, age, and current address of the petitioner and his relationship to the defendant.

(2)The name, domicile, age, and current address of the defendant and the place the petitioner proposes the defendant will reside if the relief sought in the petition is awarded.

(3)The reasons why interdiction is necessary, including a brief description of the nature and extent of the alleged infirmities of the defendant.

(4)If full interdiction is requested, the reasons why limited interdiction is inappropriate.

(5)If limited interdiction is requested, the capacity sought to be removed from the limited interdict, and the powers sought to be conferred upon the limited curator.

(6)The name and address of the spouse of the defendant.

(7)The name and address of the adult children of the defendant or, if he has none, of his parents and siblings or, if he has none, of his nearest adult relative.

(8)The name and address of any legal representative of the defendant.

(9)The name and address of any person previously designated as curator by the defendant in a writing signed by the defendant.

(10)The name, domicile, age, education, and current address of the proposed curator, and the reasons why the proposed curator should be appointed.

(11)A description with particularity of the petitioner's efforts to use less restrictive means before seeking interdiction, including all of the following:

(a)The less restrictive means for meeting the defendant's needs that were considered or implemented.

(b)If a less restrictive means was not considered or implemented, the reason that the less restrictive means was not considered or implemented.

(c)The reason a less restrictive means is insufficient to meet the needs of the defendant.

B. The petitioner shall make a reasonable effort to obtain the information required by this Article.

Amended by Acts 1961, No. 23, §1; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2; Acts 2020, No. 258, §1.