§ 46:432 — Necessity for appointment; procedure

The necessity for the appointment of a curator shall be initiated by any relative or other interested person by petition. Upon filing of such petition, the court shall order the incompetent person to show cause in not less than 10 days nor more than 15 days why the application should not be granted. The incompetent person shall be duly cited and be served with a copy of the petition and order. At the hearing the court shall require whatever proof it deems necessary or desirable; and the incompetent person shall have the right of counsel. If the incompetent person does not have sufficient resources to supply counsel, the court, if it deems it necessary or desirable, may appoint special counsel and the person so appointed shall be entitled to a fee of $10.00 in an uncontested case and $25.00 in a contested case, the fee to be taxed as costs against the person initiating the proceedings. All proceedings, at the discretion of the court, may be conducted in private chambers. The judgment or order naming a curator for an incompetent person hereunder shall not constitute an interdiction.

Legislative History

Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 61, §1; Acts 1961, No. 15, §1.