Book VII. Special Proceedings · Title VIII. Interdiction and Curatorship of Interdicts · Chapter 1. In General · Enacted 2000 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 4544 requires the court to appoint an attorney for a defendant in an interdiction proceeding who has not retained counsel, obligates that attorney to personally visit the defendant and explain the case, and lets the court discharge the appointment once the defendant retains counsel or intelligently and voluntarily waives the right to one.
Full Text of Art. 4544
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A. If the defendant makes no timely appearance through an attorney, the petitioner shall apply for an order appointing an attorney to represent the defendant. Pursuant to such a motion, or on its own motion, the court shall appoint an attorney to represent the defendant. If the defendant either retains his own attorney, or intelligently and voluntarily waives the assistance of an attorney, the court shall discharge the court- appointed attorney. The court-appointed attorney shall represent the defendant until discharged by the court.
B. The attorney representing a defendant shall personally visit the defendant, unless such visit is excused by the court for good cause. To the extent possible, the attorney shall discuss with the defendant the allegations in the petition, the relevant facts and law, and the rights and options of the defendant regarding the disposition of the case. Failure of the attorney to perform any of the duties imposed by this Paragraph shall not affect the validity of the proceeding, but may subject the attorney to sanctions.
An interdiction defendant does not have to face the case alone. Article 4544 requires the petitioner to apply for appointed counsel if the defendant has not timely appeared through an attorney, and the court, on that motion or on its own initiative, must appoint one. That appointment stands until the defendant retains a private attorney, waives counsel intelligently and voluntarily, or the case otherwise resolves, at which point the court discharges the appointed attorney.
The appointment is not a formality. Article 4544 requires the appointed attorney to personally visit the defendant, unless the court excuses the visit for good cause, and, to the extent possible, to discuss with the defendant the allegations in the petition, the relevant facts and law, and the defendant's rights and options regarding how the case is resolved. The point is a real, informed conversation between the attorney and the person whose legal capacity is on the line.
An attorney who falls short of these duties does not thereby unravel the proceeding -- the case can still move forward -- but the attorney can face sanctions for the lapse. That structure protects the defendant's interests without making every procedural misstep in the appointment grounds to restart the case.
Frequently Asked Questions
Does someone facing interdiction automatically get a lawyer?
Yes, if the defendant has not already retained an attorney. The court must appoint one, either on the petitioner's motion or on its own initiative.
What must the court-appointed attorney do for the defendant?
Personally visit the defendant, absent good cause to excuse the visit, and discuss the allegations in the petition, the relevant facts and law, and the defendant's rights and options.
Can the defendant waive the right to a court-appointed attorney?
Yes, if the waiver is intelligent and voluntary, or if the defendant retains private counsel instead; either way, the court discharges the appointed attorney.
What happens if the appointed attorney never visits the defendant?
The proceeding remains valid, but the attorney can be subject to sanctions for failing to perform the duties Article 4544 imposes.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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