By Nicole Hensley
 |
Members of a generational wealth trust’s board for the family of Texans founder Bob McNair questioned the cognitive ability of his widow and the football team’s principal owner, Janice McNair, in the months after her 2022 stroke, her son testified in court Friday.
Cary McNair, 64, who is seeking a guardianship be appointed over her, testified the Palmetto Trust Company board later removed her as a trustee and that her cognitive decline continued.
Janice McNair, 87, who is fighting the guardianship, was not present for the bench hearing over whether she would be ordered to undergo an independent medical examination. Her son has requested the third-party examination because he believes two prior exams were not independent.
The hearing is expected to continue Monday.
Cary McNair’s testimony in Harris County probate court heralded waves of objection as dozens of attorneys for family stakeholders protested the questioning by his lawyer, Jeremy Fielding, for skirting close to disclosing personal medical records and coveted business minutiae. A lawyer for the NFL team expressed their “vested interest” in the proceedings and worried about the range of information that could be disclosed.
Judge
Jerry Simoneaux said disclosures of “embarrassing facts” are part of
the guardianship process. Some details that fall under the Texas Uniform
Trade Secrets Act could be discussed in a closed courtroom setting, he
said.
 |
The son contends Janice McNair began having “progressive memory problems” after the 2018 death of his father but that her cognitive health declined after the stroke that left her partially paralyzed.
A lawyer for his brother, Cal McNair, 63, the Texans’ CEO since 2019, voiced the bulk of the objections as the hearing stretched on for most of the day. The sibling has protested the guardianship attempt, contending their mother does not have any significant mental health problems.
The judge filtered out most of Fielding’s proposed evidence, including records containing the board’s minutes, and tried steering his questions toward determining whether the McNair matriarch needs another medical examination.
During his testimony, Cary McNair cited an instance where she was unable to remember the names of his children. She also made unsound decisions, the son alleged.
She sold the family ranch to his brother, Cal, at a lower value than the property’s worth to the surprise to several family members. Cary McNair confronted her. She said she wanted her children treated equally but the sale showed otherwise, he testified.
“It was an important asset to family,” he said. “We were livid.”
He made clear during the last Thanksgiving holiday that he planned to have her undergo an exam to her objection. He sought the guardianship days later.
“I’d be having the same conversation with my father if he was here,” he testified.
Cal McNair’s lawyer, Paul Dobrowski, defended Janice McNair’s decision to refuse the exams. The court’s suggestion that he appoint an outside doctor was also rebuffed.
“She wants to be left alone and, in her advanced years, enjoy life,” Dobrowski said. “Instead she’s got her son at her door.”
 |
Both sides questioned Dr. Chris Merkl, a Houston physician with expertise in geriatric psychiatry whom Janice McNair hired and allowed to interview her for about a half hour at her home. During the interview, Janice McNair said several family members had raised questions about her mental capacity.
Merkl found no sign of cognitive issues during the interview, he testified.
“She was witty and interesting and extremely gracious,” Merkl said.
Fielding argued that Merkl’s exam was not independent and that another review was needed.
Dr. James Pool, Janice McNair’s longtime physician, also testified that he did not believe her to be incapacitated.
Janice McNair discussed the guardianship proceedings during a recent meeting with her doctor. She simply said, “I’m sad,” and did not elaborate, Pool testified.
“It’s
enough for a great Southern lady to express an emotion that’s adverse
in her life,” Pool said in court. “It’s not my place to begin to dwell
on that subject with her.”
 |
Full Article & Source:
Houston Texans owner Janice McNair's son testifies she couldn't remember names of grandchildren
No comments:
Post a Comment