Have you ever heard of the #interdiction process? See below for the step-by-step process for these cases.
Imagine you have a loved one (father, mother, child, spouse, etc.) who is unable to care for themselves. Someone will have to do it for them, and for everyone’s safety, it’s essential to file a #interdictionaction.
It’s a lot of work, right? After all, this type of action requires thorough analysis by the judge and the public prosecutor to protect the interests of the person who can’t look after their own interests. But we’re talking about protecting a person, so it’ll definitely be worth it in the end.
With this in mind, we’ve created a list of basic questions and actions for anyone looking to start this type of process.
Here is our itinerary:
– Request a report from a psychology professional that clarifies whether the person is verbal, literate, describes their academic and intellectual capacity, and whether they have a therapeutic assistant;
– Request a report from the physician treating the person under interdiction to clarify the ICD code of the disease or the type of disorder. It is important to clarify whether there is a degenerative disorder, epileptic seizures, or other comorbidities, as well as the patient’s medication list and whether they are in fact incapacitated to conduct civil acts; and
– Make a summary stating: who the incapacitated person lives with, who is the main caregiver and who would take over if the incapacitated person became ill, for example.
The interdiction helps families think about the future of the person who is no longer able to care for their own life and has become increasingly important, especially during a stressful time like a pandemic.
The sudden death of a caregiver can collapse the entire family and put the health and future of the disabled person at risk.
Therefore, it is no surprise that interdiction is considered one of the most difficult and detailed actions in the legal field.
Interdiction is the appropriate measure for more exceptional situations. If the person has some minimal capacity to make decisions, they can avail themselves of another action called Supported Decision-Making, a new measure that should be viewed with praise, as it prevents the interdiction (a restrictive and exceptional measure) of people who have some level of capacity to govern their own lives.
