In re: Interdiction of Stephanie R. DeHoog

Summary

The Louisiana Fourth Circuit Court of Appeal reviewed an appeal from the denial of a petition for full or limited interdiction of Stephanie R. DeHoog. The court reversed the dismissal, rendered a judgment of limited interdiction, and remanded for appointment of a curator and undercurator. It also reversed the award of compensation to the curator ad hoc after March 28, 2025, and ordered a refund of fees received after June 13, 2023.

Holdings

1. Full interdiction was not supported because the record did not establish that Stephanie DeHoog's interests could be protected only through the more restrictive remedy of full interdiction.
2. Clear and convincing evidence established that a limited interdiction over Stephanie DeHoog's medical and financial affairs was necessary.
3. The trial court erred by deferring the limited-interdiction determination for monitoring and by relying on supplemental evidence that was not made available to appellants or included in the appellate record.
4. Louisiana Code of Civil Procedure article 4549(C) required the trial court to discharge C. Hunter King once Stephanie DeHoog retained private counsel, and fees paid for work performed after June 13, 2023 had to be refunded.
5. On remand, the trial court was ordered to determine whether Eleanor DeHoog was legally qualified to serve as curatrix and, if so, appoint her curatrix and Derek DeHoog undercurator; alternatively, the court was to consider a nonprofit curatorship service program.

Questions Presented

1. Whether clear and convincing evidence supported a full or limited interdiction under Louisiana Civil Code articles 389 and 390.
2. Whether the trial court erred by holding the limited-interdiction issue open for monitoring for more than eight months and considering supplemental evidence that was not provided to appellants or included in the appellate record.
3. Whether the trial court was required to discharge the curator ad hoc after Stephanie DeHoog retained private counsel under Louisiana Code of Civil Procedure article 4549(C), and whether fees paid for services after that point had to be refunded.

Disposition

reversed_and_remanded