Abstract:
Louisiana courts have become increasingly overprotective of
its citizens. Although usually seen in the context of juvenile
court, parens patriae refers to the idea that the state holds the
inherent power and authority to protect persons who are unable
to act on their own behalf—similar to the role of a parent.
Louisiana courts have extended this idea by claiming that one of its duties is to protect adult citizens from entering into contracts
that are not completely balanced. Louisiana courts, however,
have disregarded its citizens’ personal duty to safeguard
themselves from unfavorable agreements. Further, the courts do
not, and cannot, have the authority to decide what is in the best
interest of its citizens.