Interdiction of Cornwell v. Cornwell

702 So. 2d 938, 1997 WL 640791
CourtLouisiana Court of Appeal
DecidedOctober 15, 1997
Docket97-425
StatusPublished
Cited by3 cases

This text of 702 So. 2d 938 (Interdiction of Cornwell v. Cornwell) 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 Cornwell v. Cornwell, 702 So. 2d 938, 1997 WL 640791 (La. Ct. App. 1997).

Opinion

702 So.2d 938 (1997)

INTERDICTION OF Ermon Ray CORNWELL, Plaintiff-Appellee,
v.
Ermon Ray CORNWELL, Defendant-Appellant.

No. 97-425.

Court of Appeal of Louisiana, Third Circuit.

October 15, 1997.

*939 Mark L. Talley, Jena, for Ermon Ray Cornwell.

Walter E. Dorroh, Jr., Jena, for Barbara Germany, et al.

Before SAUNDERS, WOODARD and GREMILLION, JJ.

GREMILLION, Judge.

The defendant, Ermon Ray Cornwell, appeals a judgment of the trial court ordering his interdiction. For the reasons which follow, we modify the judgment of interdiction insofar as it orders administration over Cornwell's estate, and remand for further proceedings to ensure that the interdiction employs the least restrictive means possible and to have the trial court reassess Cornwell's current condition and the appointment of his grandson and daughter as curator and under-curatrix.

*940 FACTS

Barbara Germany, Janis R. Andrieu, and Sue Harmon, Cornwell's daughters, filed a petition seeking his interdiction, alleging that due to age, infirmity, and mental illness he was unable to manage his property, business affairs, and person. On the date the petition was filed, Cornwell was, pursuant to a judicial commitment proceeding, residing at the Gero-psych Unit at the Rapides Medical Center in Alexandria, Louisiana. Following his release from that unit, Cornwell was placed at the Tioga Manor Nursing Home, where he remains.

Following a hearing on September 16, 1996, the trial court ordered Cornwell interdicted finding that, as a result of his mental infirmity, he was unable to care for his person or administer his estate. In addition to naming a curator and under-curatrix, the trial court ordered the continuation of the judicial commitment. A written judgment was issued on October 9, 1996. It is from this judgment that Cornwell appeals.

ISSUES

On appeal, Cornwell argues that the trial court erred in finding that the evidence supported his interdiction.

LAW

The codal pronouncements dealing with interdiction are as follows:

La.Civ.Code art. 389:

No person above the age of majority, who is subject to an habitual state of imbecility, insanity or madness, shall be allowed to take care of his own person and administer his estate, although such person shall, at times, appear to have the possession of his reason.

La.Civ.Code art. 393:

The acts of imbecility, insanity or madness must be proved to the satisfaction of the judge, that he may be enabled to pronounce the interdiction, and this proof may be established as well by written as by parol evidence; and the judge may, moreover, interrogate, or cause to be interrogated by any other person commissioned by him for that purpose, the person whose interdiction is petitioned for, or cause such person to be examined by physicians or other skillful persons, in order to obtain their report, upon oath, on the real situation of him who is stated to be of unsound mind.

La.Civ.Code art. 422:

Not only lunatics and idiots are liable to be interdicted, but likewise all persons who, owing to any infirmity, are incapable of taking care of their persons and administering their estates.
Such person shall be placed under the care of a curator, who shall be appointed and shall administer in conformity with the rules contained in the present chapter.

In order to have a person fully interdicted, the party petitioning for the interdiction must prove, by clear and convincing evidence, that the person to be interdicted is mentally incapable of administering his estate and that he is unable to care for his person. Interdiction of Lemmons, 511 So.2d 57 (La.App. 3 Cir.1987). The party must also prove the necessity of the interdiction. In Re Adams, 209 So.2d 363 (La.App. 4 Cir.1968). Interdiction is so harsh a remedy that it has been described as "a pronouncement of civil death without the dubious advantage of an inscription thereof on a tombstone." Doll v. Doll, 156 So.2d 275, 278 (La.App. 4 Cir.1963). Since it is so harsh, interdiction may not be used as a matter of convenience, hence the stiff burden of proof. Interdiction of Lemmons, 511 So.2d 57. Since the determination of whether to order interdiction is a finding of fact, we will not set aside the trial court's finding in the absence of manifest error or a clearly wrong determination. Stobart v. State, Through DOTD, 617 So.2d 880 (La.1993).

In oral reasons, the trial court held that the expert testimony established that Cornwell was suffering from two conditions, bipolar disorder (manic depressive) and dementia. It found that the bipolar disorder was a mental disease which affected Cornwell's ability to function rationally in society and that, absent his medication, he did not have the ability to act appropriately. The trial court further found that Cornwell's dementia was a physical infirmity which was irreversible, *941 and that it was the probable cause of his short-term memory loss. Based on these two conditions, the trial court ordered Cornwell interdicted. The trial court further held that the previous judicial commitment confining Cornwell to the Tioga Manor Nursing Home would not be disturbed.

Testimony was presented by two expert witnesses, Drs. Hugh King and Milton Rhea. Both doctors testified that Cornwell was suffering from a bipolar disorder and dementia and each agreed that due to his condition he was incapable of managing either his affairs or his person, and that he should be interdicted.

Dr. King, a psychiatrist, evaluated Cornwell from February 24 through April 3, 1996, while he was in the Rapides General Hospital pursuant to the judicial commitment. When Cornwell was released to a secure nursing home on April 3, 1996, Dr. King felt that he was incapable of managing his affairs and that someone should be appointed to do so for him. He next evaluated Cornwell on September 9, 1996, prior to the trial. At that time, Dr. King was of the opinion that Cornwell's condition was basically the same. He reported that Cornwell did not believe that he had a mental disorder or that he needed to take psychiatric medication. He stated that Cornwell wished to leave the nursing home in order to manage his own funds. Again, Dr. King felt that as a result of his mental condition, Cornwell was not capable of doing so.

Dr. King's main concern was the bipolar condition, which he described as a significant mental disorder which is exhibited through mood swings, periods of irritability, increased motor activity, poor judgment, impaired concentration, and possible difficulty in sleeping. He stated that Cornwell's unkempt appearance and his actions of making threats to kill or injure others, disrupting business by monopolizing an employee, and confusion over simple account statements were consistent with that disorder. Dr. King testified that most cases of bipolar disorder can be controlled with medication as long as the patient is willing to admit that he has a problem and continues taking his medication. Although Cornwell was taking his medication at the nursing home, Dr. King could not guarantee that he would continue to do so if he was released. In fact, Cornwell told Dr.

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702 So. 2d 938, 1997 WL 640791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interdiction-of-cornwell-v-cornwell-lactapp-1997.