Senate Bill No. 127, introduced by Senator Miller, aims to amend the management of affairs for interdicts, specifically regarding donations made by curators on behalf of interdicts and the limitations on forced portions for forced heirs with disabilities. The bill allows curators to accept donations for interdicts but restricts them from making donations of the interdict's property without court approval. Notably, it introduces provisions that charitable donations made in compliance with the law and approved by the court will not be considered a breach of fiduciary duty, even if the curator has personal affiliations with the charity. Additionally, curators can refuse donations to interdicts with a net worth of $100 million or more without court approval.
The bill also establishes specific guidelines for inter vivos donations and testamentary dispositions, particularly for interdicts with significant net worth. It allows for donations to be made to direct descendants and certain relatives, with stipulations on equal distribution among recipients of the same generation. Furthermore, it sets a forced portion of one dollar for forced heirs who are permanently incapacitated and have a net worth exceeding $50 million. The proposed law is set to take effect on August 1, 2026, and includes various provisions to ensure that donations do not materially impair the financial condition of the interdict.