Art. 4556.Ancillary Interdiction Procedure

A person already under a valid guardianship or conservatorship in another state does not necessarily need a second, duplicate interdiction proceeding just because they have property or interests in Louisiana. Article 4556 provides an ancillary procedure for that situation, mirroring the ancillary tutorship procedure Title VI provides for a minor already under a foreign tutor.

Under Paragraph A, a conservator appointed outside Louisiana can appear in a Louisiana court on the protected person's behalf, upon producing proof of the appointment, without qualifying as a curator under Louisiana law -- but only if no curator has already been appointed here. Acting within the authority the conservator's own letters describe, that conservator may take action affecting the protected person's Louisiana property once a court in the parish where the property is located authorizes it; from that point forward, the conservator follows the same procedures a Louisiana-appointed curator would follow. If an undercurator's involvement becomes necessary along the way, the court appoints one ad hoc for that purpose.

Paragraph B addresses a narrower and more consequential step: taking possession of the protected person's Louisiana property, or removing it from the state entirely. That requires the foreign conservator to file a petition in the parish where the property sits, and the court grants the requested authority only if the conservator alleges there are no Louisiana creditors of the protected person -- or that all known creditors have been paid -- and attaches an irrevocable power of attorney naming a Louisiana resident to accept service of process in any Louisiana action to enforce a claim against the protected person or the protected person's Louisiana property. That safeguard keeps local creditors from being left without recourse once out-of-state assets leave the jurisdiction.