Louisiana Motion and Order to Appoint Curator
About this form
The Motion and Order to Appoint Curator is a legal document used in Louisiana when a plaintiff requests that a curator be appointed to represent an absentee defendant. This form is particularly relevant in a Petition for Executory Process, which is a common method for foreclosing mortgage loans. The curator acts on behalf of the absentee defendant to ensure their interests are protected during the legal proceedings.
Key parts of this document
- Case title with the parties involved and docket number.
- Motion details, including the request for a curator due to the inability to locate the defendant.
- Signature field for the attorney representing the plaintiff.
- Order section appointing the curator to represent the absentee defendant, including the judge's signature line.
Situations where this form applies
This form is necessary when a plaintiff cannot locate a defendant after attempting service of a Petition for Executory Process. It is specifically relevant in cases where legal proceedings regarding property foreclosure must continue despite the defendant's absence. Using this form ensures that the defendant is still represented in court, allowing the case to move forward.
Intended users of this form
- Plaintiffs initiating a foreclosure process in Louisiana.
- Attorneys representing clients in cases involving absentee defendants.
- Property owners seeking legal representation for an absent party in executory process matters.
Instructions for completing this form
- Fill in the case title with the names of the plaintiff and defendant.
- Record the docket number provided by the court.
- Document the attempts made to serve the absentee defendant by including information about the sheriff's office notifications.
- Identify and enter the name of the attorney to be appointed as curator.
- Have the attorney for the plaintiff sign the motion and ensure it is submitted to the court.
- Complete the order section by including the judge's signature once it is approved.
Is notarization required?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to provide adequate details about the service attempts on the defendant.
- Omitting the required signatures of the plaintiff's attorney.
- Not properly filling in the docket number or case title.
Why complete this form online
- Easy access to the form for immediate download and use.
- Editable templates that allow personalization to meet specific needs.
- Reliable and professionally drafted by licensed attorneys, ensuring legal compliance.
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FAQ
You start the process of declaring a person mentally incompetent by filing an official petition with the local district of your state's probate court. At the same time that you are filing to have someone declared mentally incompetent, you are also filing to become their legal guardian.
INTERDICTION is the term used for the plan of having a Court declare a person is not competent to take care of his own affairs and appoints a Curator for that person. In addition to a curator, there will also be an Under-Curator appointed.
Mental incompetence is legally defined as the inability of a person to make or carry out important decisions regarding his or her affairs. This inability prohibits an individual from consenting to their decisions and understanding their consequences.
Transitive verb. 1 : to lay under or prohibit by an interdict. 2 : to forbid in a usually formal or authoritative manner. 3a : to destroy, damage, or cut off (something, such as an enemy line of supply) by firepower to stop or hamper an enemy.
An adult whose competency is in question must be represented by an attorney at a hearing. If the court finds that the person is incompetent to exercise some or all decision-making authority, then the court must decide who is the appropriate person to take on decision-making for the incompetent person.
A. A curator is the person appointed by the court to care for the interdicted person or his affairs, make decisions for the interdicted person, or to act in the place of the interdicted person.
What is a Curator? A curator may be appointed by the state's probate courts to take charge of the estate until a letter of administration is issued. Curators are neutral and appointed temporarily. Curators are only appointed to estates that need a person in control to prevent any damage to beneficiaries and creditors.
