Showing posts with label brother files petition. Show all posts
Showing posts with label brother files petition. Show all posts

Friday, February 5, 2021

Judge Places Thomas Girardi Under Conservatorship as RHOBH Attorney May Move Into Care Facility After “Medical” Emergency

By Lindsay Cronin


Thomas Girardi, the husband of Real Housewives of Beverly Hills cast member Erika Jayne, has just been placed under a temporary conservatorship amid a possible move in the near future into a facility that treats neurocognitive disorders.
 
According to a series of new reports, Los Angeles Superior Judge Daniel Juarez granted a petition filed by Robert Girardi, the brother of the 81-year-old attorney, on Monday, and he named a temporary conservator for Thomas.
 
On February 1, The Blast revealed Robert would serve as Thomas’ temporary conservator and confirmed that because of his alleged medical issues, Thomas was not present at the hearing.

In a report written by Thomas’ court-appointed lawyer, Rudy Cosio, it was said “that Thomas could not fully comprehend the nature of the proceedings although he did state that he had no objections to Robert taking care of him the limited purpose of executing contracts on his behalf. Thomas voiced his concern of having a media circus at the hearing.”

“He indicated that he wanted to continue the matter for thirty days as 10 identified the petitioner and reviewed the petition with him,” the lawyer continued, adding that Thomas was “currently having tests performed to diagnose any memory issues.”
 
Weeks ago, Robert filed a petition to be named as Thomas’ conservator, claiming the attorney, who was recently forced into bankruptcy, was unable to take care of himself and experiencing memory loss.

While Robert claimed Thomas is unable to perform his day-to-day functions without assistance, Thomas’ many creditors have questioned whether he’s truly experiencing memory loss and made it clear that they find the timing of his supposed struggles convenient.
 
According to a second report from Us Weekly, the conservatorship is set to expire on March 30 with an additional hearing set to take place on March 15.
 
During the upcoming hearing, the court will discuss a number of other requests made in Robert’s petition for conservatorship, including his petition to be given the authority to put Tom in a facility that treats neurocognitive disorders.
 
Late last year, one of Thomas’ firm’s attorneys claimed in court that the RHOBH attorney was “unavailable… due to a serious illness that caused him to be hospitalized for which he sought treatment.”

The exact illness has yet to be revealed. 

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Wednesday, February 3, 2021

Tom Girardi’s Brother Robert Girardi Named Temporary Conservator After ‘RHOBH’ Star’s Medical Emergency


By Meredith Nardino
 
Erika Jayne‘s estranged husband, Tom Girardi, has been placed under a temporary conservatorship, with his brother Robert being appointed to take control of his daily activities and personal care on Monday, February 1.

During a hearing on Monday, February 1, Tom’s court-appointed attorney Rudy Cosio announced that the 81-year-old would not be participating as he’d suffered a medical emergency over the weekend. Robert filed a petition to the court earlier this month to be given control over both his brother and his brother’s estate amid his ongoing legal battle. Judge Daniel Juarez approved the petition in part and named Robert the temporary conservator of Tom’s estate and control over Tom’s daily activities and personal matters until March 30.

An additional hearing will take place on March 15, where the court will deliberate over the other requests in Robert’s petition. Tom’s brother also asked the court to give him the authority to place Tom in a facility that treats neurocognitive disorders such as dementia.

Tom Girardi. YouTube

“There was an urgent need for Bob Girardi to have the power to engage counsel in the bankruptcy proceeding on his brother’s behalf, and Tom’s court-appointed counsel clearly agreed, as did the court today,” Robert Girardi’s attorney Nicholas Van Brunt told Us Weekly in a statement.

According to court documents previously obtained by Us in January, Robert claimed that Tom was facing major health setbacks amid his divorce from Jayne, 49, and embezzlement scandal. Robert requested to be given control over his brother’s finances as “[Tom] is incapable of realizing and understanding the repercussions of the bankruptcy filings pending against him and the Debtor,” the docs stated.

News broke in November 2020 that the Real Housewives of Beverly Hills star filed for divorce from the Colorado native after more than 20 years of marriage. One month later, class action firm Edelson PC accused the pair of faking their split to “fraudulently protect Tom and Erika’s money,” claiming that the pair were “on the verge of financial collapse.” The duo was also accused of embezzling $2 million in settlement funds intended to help the families of Lion Air Flight 610 victims.

Tom Girardi and Erika Jayne. Damian Dovarganes/AP/Shutterstock; Michael Simon/startraksphoto.com

As the legal drama continued, court documents obtained by Us in December 2020 revealed that Tom was secretly hospitalized for a “serious illness” weeks prior. Details of the health scare were not known at the time, but attorney Evan Jenness told a judge at the time that there were growing concerns over his client’s mental capacity.

“I’m unsure that he understands either the nature or the gravity of the current situation,” the lawyer told a judge in December, according to The Los Angeles Times. Jenness recommended at the time that Tom should undergo a mental examination as his assets were frozen by the court.

Us has reached out for further comment. While neither Jayne nor her estranged husband have spoken publicly about their legal woes, a source previously revealed that the Bravo star is “still in disbelief” about the situation.

“The legal issues are unfolding one after another and she’s learning as everyone’s filing,” the source told Us in December. “As the whole world is finding out about it, she’s finding out about it. She’s reading about it in the press before she even sees it [from her lawyers].”

According to another insider, the “Pretty Mess” singer plans to tell-all during the next season of RHOBH.

“Erika will address her divorce on the upcoming season of The Real Housewives of Beverly Hills. Legally, there is only so much she is allowed to say, but she has been advised on what she can put out there,” the source told Us of the 11th season of the reality show. “Viewers will also finally hear the other Housewives’ thoughts on Erika and Tom’s divorce.”

With reporting by Marjorie Hernandez 

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Sunday, January 24, 2021

Tom Girardi's Brother Files for Conservatorship amid Legal Troubles and Split from Estranged Wife Erika

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 

As Erika and Tom Girardi's legal troubles and divorce continue, the 81-year-old trial lawyer is having a difficult time caring for himself his family says.

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. 

Erika Girardi and Tom Girardi
| Credit: Steve Eichner/AP

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."

Tom and Erika Girardi on RHOBH
 
"His short-term memory is severely compromised and, on information and belief, he is often not oriented as to date, time or place," the petition says, adding that Tom's housekeeper of 25 years is quitting because he can no longer pay her. 

"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 Girardi
| Credit: Bravo

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.

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