In Louisiana, turning 18 marks a child’s legal transition into adulthood—with the rights and responsibilities that come with it. But for families of children with significant cognitive disabilities, this birthday can bring new and urgent legal considerations.

One of the most important is whether to seek interdiction (also known as guardianship in some states) to protect your child’s well-being and manage their affairs.

Under the law, turning 18 means your child is now considered an adult—even if they continue to live with you and need daily care. As an adult, they have the legal right to:

• Make medical decisions for themselves
• Sign contracts
• Manage (or spend) their own money
• Decide where they will live

While these rights are essential for most adults, they can create serious risks for individuals with significant cognitive impairments who may not fully understand the consequences of their decisions or be able to advocate for themselves.

How Interdiction Helps Protect Your Child

Interdiction is a legal process in which a court appoints a responsible adult—often a parent or close family member—to make certain decisions for an individual who cannot consistently make safe, informed decisions for themselves.

Why It’s Often Necessary

1. Medical Care Access and Decisions - Without interdiction, doctors, hospitals, and insurance companies may refuse to share medical information with you or allow you to consent to necessary treatments once your child is legally an adult.
2. Financial Protection - Adults with cognitive disabilities may be vulnerable to scams, predatory contracts, or impulsive spending. Interdiction ensures that their finances are managed responsibly.
3. Housing and Daily Care Decisions - You can help ensure your child lives in a safe, supportive environment by maintaining the authority to make housing and care decisions.
4. Legal Consistency - Interdiction provides formal recognition of your role as your child’s decision-maker, preventing disputes or confusion when dealing with schools, service providers, or government agencies.

How We Can Help

Our firm has guided many families through the interdiction process with compassion and efficiency. We can help you understand your options, prepare the necessary documents, and represent your family in court so you can focus on what matters most—your child’s well-being.

If your child or family member is approaching adulthood and has significant cognitive disabilities rendering them incapable of making their own legal decisions, contact Johnston Burkhardt for a free consultation at (504) 324-2141 or johnston@snw.law to see if interdiction is the right course of action.