Art. 4548 Burden of proof

If someone files a court case asking to have another person declared an interdict (meaning the court would take away their ability to make their own decisions because of incapacity), that person filing the case has to prove their claim. They can't just make an assertion and expect the court to accept it.

The standard they must meet is "clear and convincing evidence." This is a higher bar than what's used in most civil cases. It means the evidence has to show that it's highly likely the person truly can't manage their own affairs or take care of themselves, not just somewhat likely. Judges use this tougher standard because interdiction is a serious step. It takes away a person's legal rights and independence, so the court wants strong proof before making that decision.

In short, the person asking for the interdiction has the job of convincing the court with solid, strong evidence. The person being evaluated doesn't have to prove they're capable. It's up to the other side to prove they're not.