Art. 4561.Appointment of Curator

The curator is the interdict's counterpart to a minor's tutor -- the person who manages the interdict's affairs going forward. Article 4561 tells the court how to choose that person, starting with an absolute floor: a person under eighteen, an interdicted person, or a nonresident of the state without a resident agent for service of process cannot serve as curator under any circumstances.

A second tier of disqualifications applies unless the court finds good cause to look past them: a convicted felon, a person who is indebted to the interdict at the time of appointment, an adverse party in a lawsuit currently pending against the interdict, or an owner, operator, or employee of the long-term care institution where the interdict is receiving care -- unless that person is related to the interdict. These categories target the conflicts of interest most likely to compromise a curator's loyalty to the interdict.

Among qualified candidates, Article 4561 sets an order of preference: first, anyone the defendant designated in a signed writing while still able to communicate a reasoned preference; then the defendant's spouse; then an adult child; then a parent; then someone who lived with the defendant for more than six months before the petition was filed; and finally, any other qualified person. The court can also appoint separate curators for the interdict's person and the interdict's affairs, using the same procedure Article 4069 provides for a separate tutor of property. Until the appointee qualifies, the court retains the power to revoke that appointment for good cause and choose someone else.