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Current as of January 01, 2023 | Updated by Findlaw Staff
A. A person who challenges the capacity of a donor must prove by clear and convincing evidence that the donor lacked capacity at the time the donor made the donation inter vivos or executed the testament.
B. A full interdict lacks capacity to make or revoke a donation inter vivos or disposition mortis causa.
C. A limited interdict, with respect to property under the authority of the curator, lacks capacity to make or revoke a donation inter vivos and is presumed to lack capacity to make or revoke a disposition mortis causa. With respect to his other property, the limited interdict is presumed to have capacity to make or revoke a donation inter vivos or disposition mortis causa. These presumptions may be rebutted by a preponderance of the evidence.
Cite this article: FindLaw.com - Louisiana Civil Code Tit. II, Art. 1482. Proof of incapacity to donate - last updated January 01, 2023 | https://codes.findlaw.com/la/civil-code/la-civ-code-tit-ii-art-1482/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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