Sumner Redstone is declared incapacitated. Court doesn't rule on media mogul's competency
Media mogul Sumner Redstone is incapacitated and needs a guardian ad litem to protect his interests in a current legal case, a judge determined Monday during a hearing in a long-running court dispute about the health of the controlling shareholder of CBS Corp. and Viacom Inc. Los Angeles County Superior Court Judge David J. Cowan once again stopped short of making a determination on whether the 95-year-old billionaire is mentally competent. Cowan said his ruling on whether Redstone was incapacitated was based on an opinion by Redstone’s doctor on the mogul’s dysarthria, a severe speech impediment. His physical ailment was enough to justify the determination. Redstone remains chairman of National Amusements Inc., the Redstone family investment vehicle that holds the controlling stakes in Viacom and CBS. “The bottom line, essentially, is, the court is finding that Mr. Redstone is incapacitated — but not because he is incompetent,” Cowan said. Redstone, in his limited capacity, consented to the determination.
Judges appoint a guardian ad litem when someone independent is needed to look out for the best interests of a disabled or elderly person or a child. Redstone’s attorney, Robert Klieger, said after the 50-minute hearing that the guardian’s representation would be limited to the court proceedings. Cowan appointed Samuel D. Ingham III, a specialist in probate and estate planning matters whose law practice is based in downtown Los Angeles, to serve as Redstone’s guardian ad litem. Ingham was recommended by attorneys who represent the Redstone family. The 1975 UCLA Law School graduate primarily handles cases involving conservatorships and trusts.
Monday’s hearing came in litigation initially pursued by Manuela Herzer, one of Redstone’s former female companions. Once part of Redstone’s orbit, Herzer was kicked out of Redstone’s Beverly Park mansion in October 2015 and later written out of his estate plan. Herzer tried unsuccessfully to restore her standing as an agent for Redstone and secure a place in his will, which would put her in line for tens of millions of dollars from his estate. Herzer withdrew her lawsuit, but in April, Redstone filed his own petition to preserve changes made in May 2016 that removed Herzer from his trust. The May 2016 change marked the 40th amendment to Redstone’s trust, which maps out his wishes about how his property should be divided and his empire run long after he is gone. Herzer’s legal team challenged Redstone’s petition, contending that the mogul had lost his mental competence and that lawyers who surround him don’t really know what he wants. Herzer’s legal team, which has been trying for more than three years to get a judge to declare Redstone mentally incompetent, also opposed the motion for a guardian ad litem.
https://www.latimes.com/business/hollywood/la-fi-ct-sumner-redstone-incapacitated-20181217-story.html