Legal Question in Family Law in Louisiana

Legal Next Of Kin

My husband's father is to ill to make decisions for himself. He is married, but not to my husband's mother. His wife has Alziemer's and is not completely in her right mind. There is no living will or medical power of attorney. My husband is his eldest son, then there is a daughter (both from 1st marriage), an adopted step-daughter and a daughter from current marriage. Who would be the legal next of kin in this case? Or what would we have to do to make my husband legal next of kin? What type of attorney would we have to contact to declare my husband the legal next of kin and able to make medical decisions on behalf of his father?


Asked on 4/05/09, 11:49 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Legal Next Of Kin

There is nothing known as "legal next of kin." All children of your husband's father, whether natural or adopted, hold the same status. What it sounds like is that someone should seek to have both the man and woman interdicted so a curator can handle their affairs. That is done by filing with the court, and an undercurator is appointed to assure everything is done on the up and up, and any major decisions will have to have court approval.

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Answered on 4/06/09, 8:26 am


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