A. A mental incompetent has no procedural capacity to be sued. B. Except as otherwise provided in Articles732, 4431, and 4566, the curator appointed by a court of this state is the proper defendant in an action to enforce an obligation against a mental incompetent or an interdict. If an incompetent has no curator, but is interdicted, or committed to or confined in a mental institution, the action shall be brought against him, but the court shall appoint an attorney at law to represent him.
Art. 733.Mental Incompetent; Interdict
Title III. Parties · Chapter 3. Parties Defendant · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 733 removes procedural capacity from a mental incompetent and directs suits against that person's court-appointed curator, or, absent a curator, against the person directly with a court-appointed attorney standing in to protect them.
Full Text of Art. 733
Plain-English Summary
A mental incompetent has no capacity to be sued directly under Louisiana law. Article 733 identifies who answers a lawsuit in that person's place: the curator a Louisiana court has appointed to manage the person's affairs. Louisiana calls a person judicially declared unable to manage their own affairs because of mental incapacity an interdict, and the curator is the civil-law counterpart to what many other states call a guardian or conservator.
The rule bends when no curator exists. If the person has been interdicted, or has been committed to or is confined in a mental institution, but no curator has yet been appointed, the suit can proceed against the person directly — but the court must appoint an attorney to represent that person's interests in the case. That safeguard keeps a vulnerable defendant from having to answer a lawsuit without any voice in the proceeding.
The article carves out a short list of exceptions found elsewhere in the Code for situations that call for their own rule rather than this one. Outside those exceptions, Article 733 supplies the default: find the curator first, and if there is none, make sure an attorney stands in for the incompetent defendant.
Frequently Asked Questions
What is an interdict under Louisiana law?
An interdict is a person a Louisiana court has judicially declared incapable of managing some or all of their own affairs because of a mental condition. It is Louisiana's civil-law counterpart to what other states often call an adjudicated incompetent or a ward under guardianship.
What is a curator, and why does it matter for a lawsuit against a mental incompetent?
A curator is the person a Louisiana court appoints to manage an interdict's person, property, or both. Article 733 makes the curator the proper defendant in a suit to enforce an obligation against a mental incompetent or interdict, so the curator answers the case on that person's behalf.
Can a mental incompetent be sued if no curator has been appointed?
Yes, if the person has been interdicted or is committed to or confined in a mental institution. The suit can name the person directly, but the court must appoint an attorney to represent the person's interests in the case.
Is a mental incompetent the same thing as an unemancipated minor for purposes of who gets sued?
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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