According to court documents obtained by ET, Thomas Girardi's brother believes 'a temporary conservatorship is necessary.'
Erika Jayne's estranged husband Thomas Girardi's family wants him to be placed under a conservatorship. According to court docs obtained by ET, Thomas' brother, Robert Girardi, filed documents to become the temporary conservator of his person and estate amid the 81-year-old attorney's health and divorce from the Real Housewives of Beverly Hills star.
In the docs, Robert claims that Thomas' "current condition has sadly deteriorated to the point where he cannot care for himself without assistance. His short-term memory is severely compromised and, on information and belief, he is often not oriented as to date, time or place."
Robert also claims that Thomas lives alone and can't take care of himself, and that his brother's long-time housekeeper is set to quit because Thomas "cannot pay them any longer." While Thomas does have family and friends to look out for him, the doc states that he cannot be "left to his own devices."
The documents also claim that Thomas -- who is currently in bankruptcy and in the middle of lawsuits and a divorce -- is "unable to handle his financial affairs and protect his property at present, despite serious financial and legal problems."
It also notes that Thomas claims his financial problems "are temporary or expresses disbelief that he does not have access to funds and has to be continually reminded of this fact….A temporary conservatorship is necessary."
Erika is listed as Thomas' spouse. However, the two are in the middle of their divorce and the documents show that the two are not living together. It's not known if the reality star will have to agree and sign off on the conservatorship. ET has reached out to Erika's rep for comment.
A hearing is set for Feb. 1 at the Los Angeles Superior Court. In the docs, Robert believes that Thomas will be able to attend the hearing.
Meanwhile, a source close to the estranged couple tells ET Tom has not been well for a long time. Their current situation will play out on RHOBH when the show comes back. Erika is renting the home she is living in right now as she plans out the next chapter of her life.
As ET previously reported, Erika filed for divorce from Thomas on Nov. 3, listing the date of separation as "TBD" and citing irreconcilable differences. In her filing, she requested spousal support from Thomas and asked the court to terminate its ability to award spousal support to him. In addition, she asked that he pay all attorney's fees.
Last month, Thomas responded to her petition for divorce, also listing their date of separation as "TBD" and cited irreconcilable differences as the reason for their split. The court docs obtained by ET at the time revealed that he is asking to terminate the court's ability to award spousal support to Erika and that his estranged wife pay his attorney's fees.
For more on their legal woes, see below.