CURATOR

  • Thread Starter Charlotte Russo
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Charlotte Russo

Guest
Jurisdiction
Louisiana
If you are a Curator over your wife that has been placed under a full interdiction do you also need a power of attorney to change your 401K beneficiary from your wife to another family member or is the Judgement enough?
 
If you are a Curator over your wife that has been placed under a full interdiction do you also need a power of attorney to change your 401K beneficiary from your wife to another family member or is the Judgement enough?

I love LA law and its system of jurisprudence.

If you are her curator, you already have the legal authority to make decisions on her behalf.

You simply need to present your court order, with the raised seal of the court on it, to effect these decisions.

My wife and I held legal conservatorship over one of our sons.
We would simply present the court order when necessary, or mail a certified copy when the transaction wasn't conducted in person.


I have only tried one case in your state, years ago, under the criminal law.

The closest comparison to Texas law would be "conservator".
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Q. What is a curator?
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A. A curator is the person appointed by the court to care for the interdicted person
or his affairs, make decisions for the interdicted person, or to act in the place of
the interdicted person.
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Q. What are the duties and responsibilities of a curator?
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A. The curator is given authority to make either some (limited) or all (full) decisions
for the interdicted person. In making these decisions the curator must exercise
reasonable care, diligence and prudence, and must act in the best interest of the
interdicted person. In addition, a curator must file an annual report with the court.
A financial annual report lists the assets of the interdicted person and
expenditures made by the curator on behalf of the interdicted person or what
property may have been bought or sold. A personal annual report provides
information on how the interdicted person is doing physically, medically and/or
mentally.
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Q. What kind of decisions does the curator make?
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A. These decisions could include medical decisions, such as giving access to
medical records and consenting to treatment; placement decisions, such as
where the person will live; legal decisions, such as filing a lawsuit on behalf of the
interdicted person; and financial decisions, such as signing checks, investing
funds and paying bills. Some decisions may require court approval.
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That said, I think you'll find all you need to know about "curators" and curatorship" in this handy desk reference:
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http://www.lajudicialcollege.org/wp-content/uploads/2013/08/Bench-Book-Divorce-Chapter.pdf
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This one explains what you call "interdiction":
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http://goea.louisiana.gov/assets/legalservicesfiles/INTERDICTION.pdf
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