Capacity to Change Health Care Agent?
There was an update recently in the litigation concerning the capacity of Sumner Redstone to change the agent under his health care directive. The case starting making the papers last fall. The New York Times ran an article on November 25, 2015, Court Filing Challenges Competence of Sumner Redstone. This article noted that a prior companion of Mr. Redstone filed suit claiming that she “was improperly removed on Oct. 16 from control of an advance health care directive that gave her authority over his health decisions.” The article summarizes some of the allegations made in the petition by the companion. A series of other articles followed, two of which are referenced here.
The second article referenced here ran in the Times on February 29, 2016. Sumner Redstone Competency Case Will Go Forward notes that the case is scheduled for trial in May of 2016. The 21 page ruling discussed in the article outlines the two sides’ dispute. The article notes that Mr. Redstone was at one time estranged from his daughter, although the article indicates she notes a repair of the relationship. The article quotes the judge: “[d]uring the hearing, Judge Cowan remarked on Mr. Redstone’s notable absence from the legal battle. Notoriously outspoken and combative at his prime, Mr. Redstone has not appeared before the court or submitted a statement of his own. “There are a lot of things that have been said about what Mr. Redstone wants,” Judge Cowan said, “’but unfortunately I have no declaration from him.’”
The third article, published March 18, 2016 in the New York Times gives an update. Sumner Redstone’s Medical Records to Stay Private, Judge Rules reports that some 15 documents will be unsealed but the rest remain confidential. The judge explained that “the medical records would remain sealed because the case was a personal matter centered on Mr. Redstone’s medical issues, not a case involving his public business dealings.” The trial is scheduled for May 6 and depositions will be taken in April.
There are a number of other articles reporting this story for those who are interested in learning more about this case.