Interdiction of Cade

899 So. 2d 844, 4 La.App. 3 Cir. 1619, 2005 La. App. LEXIS 869, 2005 WL 767862
CourtLouisiana Court of Appeal
DecidedApril 6, 2005
DocketNo. CA 04-1619
StatusPublished
Cited by1 cases

This text of 899 So. 2d 844 (Interdiction of Cade) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Interdiction of Cade, 899 So. 2d 844, 4 La.App. 3 Cir. 1619, 2005 La. App. LEXIS 869, 2005 WL 767862 (La. Ct. App. 2005).

Opinion

JjPAINTER, J.

Hannah “Didi” Cade Cassidy, sister of the interdict, filed a Motion to Remove Curatrix, Mary Cade Stockmeyer. Following a hearing on said motion, the trial court appointed Mrs. Cassidy as Curatrix and assessed all costs of the proceedings, including the attorney fees of the interdict, to Mrs. Stockmeyer. Mrs. Stockmeyer appeals asserting that the trial court erred in removing her as Curatrix and in assessing her with costs. We find no error on the part of the trial court with respect to his appointment of Mrs. Cassidy as Curatrix and we affirm the judgment in that respect. However, finding that the trial court abused its discretion in its assess[846]*846ment of the costs, we reverse that portion of the judgment casting Mrs. Stockmeyer with all costs and order that the costs be assessed equally between Mrs. Cassidy and Mrs. Stockmeyer.

FACTUAL AND PROCEDURAL BACKGROUND

Carole Cecile Cade, the interdict, is now 75 years of age and has been a resident of the Jennings Guest Home since 1979. Ms. Cade’s accumulated level of intellectual development has been estimated at three to four years of age. Mrs. Stockmeyer is her 73 year old sister and Mrs. Cassidy is their 71 year old sister.

Ms. Cade was interdicted by Judgment dated January 3, 1986. That Judgment did not name a Curatrix; however, Mrs. Stockmeyer filed various petitions for authority to sell the interdict’s property which alleged that she was the Curatrix and that Mrs. Cassidy was the Undercura-trix. An Order was signed by Judge Wendell Miller on September 18, 1998 to correct the omission concerning the naming of the Curatrix and Undercuratrix in the original interdiction proceedings.

Presently, Ms. Cade has no financial estate other than a bank account with a minimal balance and her Social Security, which pays her nursing home expenses.

| ¡¡On May 9, 2003, Mrs. Cassidy filed a Motion to Remove Curatrix. This Motion alleged, among other things, that:

4.

Since 1985, the major role of the cura-trix has been the handling of Carol Cecile Cade’s estate; however, Carol Cecile Cade no longer owns any immovable property or bank accounts, nor does she own any property that needs managing ... The only items of business of Carol Cecile Cade that needs [sic] managing is the assignment of medicare proceeds to the nursing home each year and obtain personal needs which mover handles on a daily basis.
[[Image here]]
7.
Due to the fact that Mary Cade Stock-meyer is the curatrix, the nursing home is obligated to follow her infrequent directions and suggestions concerning the welfare of Carol Cecile Cade. Although the nursing home regularly ignores the suggestions of Mover, restricts Mover from taking Carol Cecile Cade to the doctor, has tried to limit the time of day that Mover has access to Carol Cecile Cade, Mary Cade Stockmeyer has not done or said anything to correct this situation, despite requests from Mover. Consequently, Mary Cade Stockmeyer has neglected to take proper care of Carol Cecile Cade.

Mrs. Stockmeyer filed an Exception of No Cause of Action or Failure to State a Cause of Action pertaining to the Motion to Remove Curatrix, which was denied on May 13, 2004. Mrs. Stockmeyer alleged that the reason for the motion was because of Mrs. Cassidy’s “terrible history” with Jennings Guest Home and her outrage at being limited in her control of Ms. Cade’s care and treatment. Mrs. Stockmeyer also pointed out that their mother wanted her to be Curatrix even though their mother knew that Mrs: Stockmeyer lived in New Orleans (where she has lived since 1950) and Mrs. Cassidy was the only relative living in Jennings.

Trial on the merits began on August 11, 2004. Numerous witnesses testified, including care givers from Jennings Guest Home, Mrs. Cade’s treating physicians, and all of the Cade siblings. Thereafter, the trial court signed a judgment removing | sMrs. Stockmeyer as Curatrix and appointing Mrs. Cassidy as Curatrix and [847]*847casting Mrs. Stockmeyer with all costs, including the $4,720 fee of the attorney appointed to represent Ms. Cade. Mrs. Stockmeyer refused to act as Undercura-trix and this appeal followed.

DISCUSSION

The standard of review in this case is manifest error. See In Re Redmond, 351 So.2d 1256 (La.App. 1 Cir.1977), writ denied, 353 So.2d 1341 (La.1978).

Louisiana Revised Statute 9:1025 provides as follows:

A. Any spouse or relative of an interdict, interested party, or nonprofit organization whose main function it is to serve as an advocate for persons with disabilities, the elderly, or both, may petition a court of competent jurisdiction for the removal of a curator upon a clear showing that neither the curator nor the undercurator are adequately performing their court-appointed duties.
B. A court of competent jurisdiction may remove a curator and appoint a successor, if such removal is .deemed to be in the best interest of the interdict, either on its own motion or upon request by any spouse or relative of the interdict, or on the motion of any interested party or nonprofit organization whose main function it is to serve as advocate for persons with disabilities, the elderly, or both, upon contradictory hearing. The court shall consider the following factors in making its ruling:
(1) Whether the curator -has, with gross negligence, misapplied, embezzled, or removed from the state, or is about to misapply, -embezzle, or remove from the state all or any part of the interdict’s property committed to the curator’s care.
(2) The curator’s failure to render any account required by law.
(3) The curator’s failure to obey any proper order of the court having jurisdiction with respect to performance of the curator’s duties.
(4) Proof of gross misconduct, or mismanagement in the performance of duties.
|4(5) Incompetence, incarceration, or any other cause rendering the curator incapable of performing court-appointed duties.
(6) Abuse of the interdict, or failure to educate the interdict or provide the interdict with as much independence as the means of the interdict and the conditions of his estate permit.
C.When the court removes a curator, it may appoint any spouse or relative of the interdict, any interested party, or any nonprofit organization whose main function it is to serve as curator for persons with disabilities, the elderly, or both.

This article is said to be a supplement to La.Code Civ.P. art. 4568 which provides:

On motion of any interested person, or on its own motion, the court may remove a curator or undercurator from office for good cause. Unless otherwise ordered by the court, removal of the curator or undercurator by the court is effective upon qualification of the appointed successor.

The listing - found in La.R.S. 9:1025 is illustrative rather than exclusive such that Mrs. Stockmeyer’s argument that she should not have been removed as Curatrix because none of the circumstances listed in that statute have met in this case is without merit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Interdiction of Stephens
930 So. 2d 1222 (Louisiana Court of Appeal, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
899 So. 2d 844, 4 La.App. 3 Cir. 1619, 2005 La. App. LEXIS 869, 2005 WL 767862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interdiction-of-cade-lactapp-2005.