Discretionary appointment – Proceeding to appoint curator
Louisiana Revised Statutes Section 46:431 provides that “[a]ny mentally incompetent person who is entitled to public assistance or who has the right to apply for public assistance but cannot make application because of his incompetency and who does not have a duly appointed and qualified legal representative, may have a curator appointed for him solely for the purpose of representing his interest in qualifying for, receiving and administering welfare benefits.”
In proceedings related to appointment of a curator, the court is permitted to appoint counsel. La. Rev. Stat. Ann. § 46:432 (“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…”).
