§ Art. 4556 Ancillary interdiction procedure

Codes > Louisiana Code of Civil Procedure > Book VII > Title VIII : Chapter 1 > Art. 4556

Art. 4556. Ancillary interdiction procedure

    A. Upon producing proof of his appointment, a conservator of a ward residing outside Louisiana who was appointed by a court outside of Louisiana may appear in court on behalf of the ward without qualifying as a curator according to the law of Louisiana when no curator has been appointed in this state. In accordance with the authority set forth in his letters, such a conservator may perform acts affecting the ward's property in Louisiana when authorized by the court of the parish in which the property is located. Once so authorized, the conservator shall act in the same manner and in accordance with the same procedures as a curator appointed by a court in Louisiana. Whenever the action of an undercurator would be necessary, the court shall appoint an undercurator ad hoc.

    B. In order to take possession of the ward's property, or to remove any of it from the state, a conservator appointed by a court outside Louisiana shall file a petition for authority to do so in the court of the parish in which any of the property is located. The court shall render a judgment granting the authority prayed for if the foreign conservator alleges in the petition that there are no Louisiana creditors of the ward, or that all such known creditors have been paid, and if the foreign conservator attaches to the petition an irrevocable power of attorney appointing a resident of this state to receive service of process in any action or proceeding brought in Louisiana to enforce a claim against the ward, or against any of the ward's property located in this state.