IN RE: INTERDICTION OF ROY J. SHUBERT, JR.
APPEALED FROM THE 22nd JUDICIAL DISTRICT COURT ST.
TAMMANY PARISH, LOUISIANA DOCKET NUMBER 2017-13757, DIVISION
I HONORABLE REGINALD T. BADEAUX, JUDGE
C. Bondurant James L. Bradford III Covington, Louisiana
Attorneys for Plaintiff/Curator/Appellee Kathleen Shubert
Braud Hammond, Louisiana Attorney for Defendants/Appellants
Roy J. Shubert III, Linda Shubert and Diane Shubert Cox
Elizabeth Wiedemann Mandeville, Louisiana
Bratton Covington, Louisiana Attorney Ad Hoc/Appellee
BEFORE: McDONALD, CRAIN, and HOLDRIDGE, JJ.
appeal, children of an interdict challenge the judgment of
permanent interdiction. We dismiss the appeal as moot.
AND PROCEDURAL BACKGROUND
April 2017, 91-year-old Roy J. Shubert Jr. was discharged
from the hospital and admitted to hospice care with end-stage
kidney disease, diabetes, and hypertension. Upon leaving the
hospital, Mr. Shubert moved into the home of his daughter and
son in law, Kathleen and Melvin Brown. Kathleen handled Mr.
Shubert's medical and financial affairs under a power of
attorney as well as under the terms of a family trust
established by her parents in 1997.
2017, Mr. Shubert moved into The Trace Senior Community in
Covington, Louisiana. In a letter, Kathleen explained to her
three siblings, Roy J. Shubert III, Linda A. Shubert, and
Diane Shubert Cox (Siblings) that family member visits had
created unhealthy turmoil in her home, that their father
became agitated and unsettled after visits, and that he and
she had decided that it was best for him to move to The
Trace. She stated that their father's new residence would
give each of them an opportunity to spend time with him.
August 14, 2017, Kathleen filed a petition to interdict Mr.
Shubert, attaching the affidavit of Dr. Hyon Kim, a
psychiatrist, who had evaluated her father and determined he
was "unable to consistently make reasoned decisions
regarding the care of his person or property." Kathleen
alleged that other family members were trying to get Mr.
Shubert to revoke her authority to manage his affairs and
that Mr. Shubert did not have the mental capacity to make
that decision. The trial court signed a temporary
interdiction order, issued temporary letters of curatorship
to Kathleen, appointed an undercurator and an attorney ad hoc
as Mr. Shubert's counsel, and noticed a hearing on the
preliminary interdiction. The attorney ad hoc filed an answer
on Mr. Shubert's behalf, seeking dismissal of the
August 23, 2017, the trial court held the hearing, at which
Mr. Shubert, his attorney ad hoc, Kathleen, her attorney, the
undercurator, and the Siblings were present. Kathleen's
attorney called witnesses and entered documentary evidence at
the hearing with no objection, and the attorney ad hoc, who
visited Mr. Shubert two days before the hearing, testified.
The Siblings made no formal appearance. At the end of the
hearing, the trial court indicated there was sufficient
evidence to warrant Mr. Shubert's permanent interdiction.
On September 20, 2017, the trial court signed a judgment
permanently interdicting Mr. Shubert, appointing Kathleen as
his curator; appointing a permanent undercurator and setting
her fee; giving Kathleen discretion to set visitation
guidelines for Mr. Shubert's visitors, including the
power to limit or prohibit visitation; prohibiting the
Siblings from agitating Mr. Shubert; limiting the
Siblings' communication with Kathleen to writing only;
and other matters.
Siblings appealed from the September 20, 2017 interdiction
judgment. After the appeal was lodged, Mr. Shubert died on
January 25, 2018. Kathleen then filed a motion to dismiss the
Siblings' appeal as moot, and the Siblings opposed the
dismissal. Another panel of this court referred the motion to
this panel for decision. Because our decision on the motion