New court documents filed by his conservator, brother Robert Girardi, indicate that Tom, 82, is receiving 24-hour care at the residence, where he has been living for nearly two months. The documents, obtained by PEOPLE, note that the former powerhouse attorney “cannot stay in his home due to his finances, and care needs.”
“Tom is the subject of an involuntary bankruptcy proceeding and a marriage dissolution proceeding,” the documents say. “As a result, his home was put up for sale. Furthermore, Tom’s care needs are such that he needs to be at a skilled nursing facility.”
Erika, 50, filed for divorce from Tom in November after 21 years of marriage, telling PEOPLE at the time, “This is not a step taken lightly or easily. I have great love and respect for Tom and for our years and the lives we built together.”
Since then, she and her ex have weathered various controversies in the public eye, including the bankruptcy mentioned in the new documents.
In December, Tom and his law firm, Girardi Keese, were sued for allegedly embezzling funds from several families who lost loved ones in a 2018 Boeing plane crash. He was also later sued by his business partners, resulting in a chapter 7 bankruptcy petition that same month.
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In addition to the ongoing bankruptcy lawsuit, Tom has been diagnosed with dementia and Alzheimer’s disease and was placed under the conservatorship as a result. After Robert was named as his temporary conservator in February, the appointment was made permanent in June.
“It’s obviously a heartbreaking situation for Robert, but we agree with the court’s rulings yesterday,” Robert’s lawyer, Nicholas Van Brunt, said in a statement to PEOPLE at the time.
During last week’s episode of RHOBH, Erika opened up to her costars about the conservatorship
“So yesterday was the hearing for Tom’s conservatorship so that his brother could take over his affairs,” she said. “So someone sent me an article about what was said in court, and there was just this one piece of it. That just really bothered me. It says, ‘Tom’s brother asked the court to give him the authority to place Tom in a facility that treats neurocognitive disorders such as dementia.'”
Asked how she felt about the ruling, Erika said, “I’m ready to have a nervous breakdown.”
The Bravo star said that she doesn’t agree with Tom being put into a care facility, noting that she has “a little bit of experience” in this department because her grandmother was diagnosed with “very bad dementia” and Alzheimer’s and placed into a home.
“I think he needs a caretaker, for sure. But I don’t think that he needs to be in a home,” Erika continued on the show. “Like, I saw my grandmother and I know what they do to you in there. It’s supposed to be great care, but if they lash out, then they medicate you. The only way is down, is what I’m saying.”