Exactly. There is nothing adversarial about that.
Yeah this dude ruled Sterling incapacitated who seemed to still be pretty sharp from what I recall and from those voicemail transcripts in the filing. The other dude, Spar’s colleague, also ruled Sterling was incapacitated, and both were paid by Sterling’s estranged wife who wanted control.
Sumner Redstone, CBS Viacom billionaire, was 93 when Spar ruled that he still had capacity, and multiple reports from that time claim that Redstone could barely speak, couldn’t write, and struggled to swallow his own saliva. His personal nurse acted as his interpreter, and she also kept minutes logs showing that he was often sleeping through board meetings his handlers claimed he was paying attention to. Spar was paid by Redstone. Spar’s colleague, who was being paid by the other party in that case, ruled that Redstone was incapacitated.
Two years later, the gig was definitely up and the judge declared Redstone incapacitated. It’s funny though because his team embraced it at that point, so the court appointed him a guardian ad litem named Samuel Ingham III.
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Cuomo makes this exact point. It should be two sides battling over the actual capacity declaration:
https://twitter.com/CuomoPrimeTime/status/1412585030099083267
This dr spar is seeming more and more sus.
It’s likely sterling lawyers said we want the best most reputable doctor we can find. While the other side just wanted someone to say what they wanted.
Obviously in this case that would be the right way to go. But it is not always true. In cases where the individual is basically a vegetable, do we really need someone fighting tooth and nail to preserve their capacity. It’s clear they don’t have it. So even in an adversarial system, the person representing them would just yield.
So at the end of the day, the whole adversarial component hinges on the individual’s attorney acting in good faith. If they think the incapacity is bullshit, then they fight. If they think it real, they stand aside. If the individual’s attorney decides to take a dive when the client is clearly competent, there is really no fix I can think of.
I suppose your deterrent would be to severely punish an attorney who did this. But obviously that ain’t happening.
At the end, Cuomo brushing off the gender issues at play is fucking terrible.
Yeah it struck me as odd given how coarsely he dismissed it, but I’ve watched it a few times and don’t think he’s saying there’s no gender issue at all. Seems like he was responding directly to Streisand presenting a patriarchy argument about replacing controlling men with other controlling men. That is an obviously bad argument if your true motive is to free Britney, right? I mean it basically already happened and the judge removed the dad and put Jodi in charge of the person. That’s better than having the dad, but it’s basically a hostage being granted the right to choose a nicer kidnapper while tacitly admitting that the hostage-taking is justified.
Also, check out Jodi talking about finding “plans” and “paths” to recovery and escape from the conservatorship while simultaneously asking for her $211k check for 15 months of “work.” If I’m not mistaken, she also made claims like Britney wants the conservatorship to continue with Jodi being the permanent conservator of person. <JLaw_ok.gif> So what they’ve managed to do is replace the evil drunk dad with a calculating professional who will pose and preen as the good cop while attempting to continue this relationship indefinitely to siphon as much money as possible.
Even the “friends” are grifters. It’s just a matter of degree.
It’s always a classic principal-agent problem with this setup though. Britney’s court-appointed attorney didn’t challenge shit because people don’t turn down $10k checks for an hour of work. Who gets to determine which people are vegetables?
Britney needs to be allowed to make her own decisions so that other grifters can have their fair shot at her money.
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Isn’t this whole thing eerily reminiscent to what happened with Brian Wilson?
Caveat, all I know about what happen to Brian Wilson was from the movie Love and Mercy which wasn’t exactly a documentary.
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Also Columbo and Casey Kasem were especially nasty ones.
Lol at Donald Sterling vs. Sumner Redstone. Tom Benson case was a doozy too.
Logan Roy types beware!
Wasnt that how Mike Avenatti was billed when he first came into the scene?
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Seemingly he’s Sean Penn’s lawyer and Madonna offered to help Britney last week, alough that does not make it better, it seems from the twitters to be an OK guy.
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Yeah this thing is over. There are also about a zillion legal charities (the ACLU is just one) lining up to fight on her behalf. Secrecy is what made this insanity possible.
Her getting a real lawyer is just another sign it’s over.