In the petition for appointment of conservator, Tom's "current condition" is described as "sadly deteriorated to the point where he cannot care for himself without assistance"By Ashley Boucher
In a citation for conservatorship obtained by PEOPLE Thursday, Tom's brother Robert Girardi says that Tom is unable to provide for his personal needs and unable to manage his financial resources.
A court hearing is set for June 9. If Robert is appointed Tom's conservator at the hearing, he will become responsible for deciding where Tom lives as well as appropriate care for him. Robert would also take over control of Tom's property and estate.
In the petition for appointment of conservator, Tom's "current condition" is described as "sadly deteriorated to the point where he cannot care for himself without assistance."
"While Tom does have family members, such as Petitioner [Robert], and certain friends looking out for him to make sure he has sufficient food and that he makes it to a given appointment on time," the petition says, "left to his own devices, it is highly doubtful that Tom could manage most of the activities of daily living for any significant period of time without assistance."
Erika filed for divorce from Tom in November, telling PEOPLE at the time that it was not "a step taken lightly or easily."
In the filing, Erika sought spousal support and requested the court terminate its ability to award spousal support to Tom. Tom responded by asking the court to terminate its ability to award spousal support to Erika, and to request that the Real Housewives of Beverly Hills star pay attorney fees and costs.
Tom and Erika do not have a prenup, PEOPLE previously reported.
Just one month later, the couple was sued for allegedly using their split to embezzle money. In December, Tom and his law firm, Girardi & Keese (GK), were held in civil contempt and have had their assets frozen by a judge.
Also last month, Tom was hit with another lawsuit, this time from his partner Robert Keese and fellow business partners Robert Finnerty and Jill O'Callahan to dissolve their venture together. The men claim that Tom never paid them approximately $315,000 in income, instead keeping the money for himself, and that he took out loans against their property without their knowledge for his "own personal gain, benefit and use."
Amid all of this, Tom's lawyers have said in court that he "has had issues of his mental competence" and asked a judge to order "mental health exam," the Los Angeles Times reported.
Edelson PC and Erika declined to comment on the case, and Tom did not respond to PEOPLE's request for comment at the time.