Friday, October 6, 2023

Judge Appoints a Conservator to Oversee Affairs of Former Supreme

Cindy Birdsong’s family had sought to govern her affairs, but a Los Angeles judge gave control to the local Office of the Public Guardian, at least for now.

A smiling woman with curly hair wearing a flower-print jacket.
After suffering a series of strokes and financial misfortune, Cindy Birdsong, the former Supreme, has had her affairs put under the control of a conservator. Credit...Raymond Boyd/Getty Images

Julia Jacobs and

A judge in Los Angeles on Wednesday ordered that Cindy Birdsong, an 83-year-old former member of the Supremes, be put under a temporary conservatorship in which county officials would oversee her care and finances following a dispute over who has rightful legal control over her affairs.

Once a member of Motown royalty who performed hits like “You Can’t Hurry Love” and “Come See About Me” alongside Diana Ross and Mary Wilson, Ms. Birdsong saw her life take a sharp turn after leaving the group in 1976. She lost much of her money — attributing the situation to a “bad closing deal” with Motown Records — and her health faltered after a series of strokes.

The conservatorship case started winding its way through the court system this summer, when Ms. Birdsong’s three living siblings asked for the legal arrangement based on concerns that for years a longtime friend had exerted undue influence over Birdsong’s care and finances.

The siblings asked that the singer’s brother, Ronald Birdsong, run the conservatorship alongside an entertainment business manager, Brad Herman, who had orchestrated Ms. Birdsong’s removal in 2021 from a Los Angeles apartment she shared with the friend. The Los Angeles Police Department facilitated Ms. Birdsong’s removal and she has lived in various skilled nursing facilities since.

Los Angeles County’s Office of the Public Guardian, which often steps in to oversee individuals who a judge deems to have no fit caretakers, began evaluating the case earlier this year. In court papers, representatives for that office expressed concern over how Ms. Birdsong’s finances have been handled. The papers described Ms. Birdsong as “in a vegetative state” as of May.

“Due to Ms. Birdsong’s medical condition, she is substantially unable to manage her financial resources or resist fraud or undue influence,” the office’s petition said. “There exists a significant danger that Ms. Birdsong will lose all or a portion of her assets as a result of this incapacity.”

The office raised concerns in the petition that roughly $190,000 had been removed from Ms. Birdsong’s bank account between the fall of 2021 and the fall of 2022 and that the money did not appear to have been used for her care.

In a phone interview before the conservatorship hearing, Mr. Herman declined to comment on the financial concerns raised, but he has previously said that after taking over Ms. Birdsong’s power of attorney in 2021, he used her funds to pay for her stay at skilled nursing facilities.

The petition filed by the public guardian said that more than $35,000 was owed to three nursing facilities where she has stayed.

In agreeing to appoint a conservator, the judge overseeing the case, Lee R. Bogdanoff, described Ms. Birdsong’s situation as urgent.

“This has gone on way too long,” he said.

Mr. Herman said he had repeatedly contacted the Los Angeles police with his own concerns about the state of Ms. Birdsong’s finances, and that he welcomed the “oversight the county conservator will bring to this matter.”

“Having the county conservator step in is appropriate and it will allow us to fully address all of the loose financial ends that need to be addressed,” Mr. Herman said.

Ms. Birdsong’s brother Ronald said that Mr. Herman had told them that he had removed money from his sister’s account for safekeeping and that he was confident that he will make an accounting that satisfies the court.

The longtime friend who had lived with Ms. Birdsong and was her caretaker for years, Rochelle Lander, has also said that she held power of attorney over the singer, saying Ms. Birdsong signed the papers more than a decade ago.

But on Wednesday, Judge Bogdanoff said he was suspending both Mr. Herman’s and Ms. Lander’s power of attorney papers, saying that any property of Ms. Birdsong’s that they hold should be turned over to the temporary conservator.

Neither Ms. Lander nor Mr. Herman was in court for the proceeding, which was attended by Ms. Birdsong’s son, David Hewlett. Ms. Lander, who the Office of the Public Guardian said was still living in the apartment that Ms. Birdsong vacated, without paying rent, has not responded to messages asking for comment on the case in recent months.

John Alan Cohan, a court-appointed lawyer assigned to represent Ms. Birdsong’s interests, supported the county’s bid to oversee the temporary conservatorship, citing concerns over how the singer’s finances — including pension, Social Security and occasional royalty payments — were being handled. He raised the possibility that family members, including her brother and her son, be appointed to oversee the conservatorship later on.

The court is scheduled to consider whether to grant a permanent conservatorship over Ms. Birdsong’s affairs this month.

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Judge Appoints a Conservator to Oversee Affairs of Former Supreme

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