Last month, the 81-year-old — who was stripped of his admission to the California State Bar this week — underwent a mental assessment as part of his brother Robert’s efforts to be named as his permanent conservator.
Robert's petition to be given control over his brother and his brother's estate as his temporary conservator was approved in the beginning of February and will be in effect until March 30.
In a sworn affidavit filed on Wednesday, March 10, and obtained by Page Six, Dr. Nathan Lavid, a Long Beach forensic and clinical psychiatrist, wrote that Tom is unfit to attend any court proceedings.
“Dementia impairs his ability to understand the hearing,” Lavid wrote. "His emotional distress is directly related to his dementia and exacerbated by his confusion.”
The doctor also stated that the former attorney's short-term memory, ability to concentrate and recognition have "moderate impairment." According to Lavid's notes, Girardi also suffers from "moderate" delusions.
Tom's health issues began last December when he was hospitalized for a "serious illness." While his sickness at the time was not disclosed, attorney Evan Jenness said there were concerns about his mental capacity.
In January, Robert claimed in his citation for conservatorship that Tom was suffering from short-term memory loss amid his divorce and other legal battles, adding that Tom "is often not oriented as to date, time or place."
One month later, Robert’s attorney, Nicholas Van Brunt, told Us Weekly: "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."
And while Tom battles his recent diagnosis, he is also in the middle of numerous lawsuits. For starters, his estranged reality star wife, 49, filed for divorce last November after 20 years of marriage. The couple's dissolution came weeks before they were sued for using their split to allegedly embezzle money that was supposed to go to the Lion Air Flight 610 victims.
In response, Tom pleaded poverty in court.
In December, Tom's former firm partner, Robert Keese, sued to dissolve their business venture, 1126 Wilshire Partnership, after Keese and other attorneys alleged that Tom didn't pay them the estimated $315,000 they earned from the partnership. They further insisted that Tom pocketed the cash "for his own personal gain.”
Additionally, Wells Fargo Financial Services is suing Tom for breaching alleged agreements he made with the bank.