Beach Boy Guardianship
Brian Wilson of The Beach Boys fame was the subject of the film Love & Mercy. Wilson was portrayed by both Paul Dano, as a young Brian, and John Cusack as a more mature Brian. The film addresses Wilson’s lifelong struggle with mental illness. Perhaps it is no surprise that the Court in California received a petition for conservatorship over Wilson who is now 81.
A spate of conservatorship cases is in the news, including Mavis Leno, Cindy Birdsong, and Brian Wilson to name a few. Wilson not only suffered from psychoses but further exacerbated his mental health challenges with drug addiction.
In the 1980s, Dr. Eugene Landy employed unorthodox methods of treatment, attempting to control Brian Wilson’s behavior 24/7. The Beach Boys co-founder reported his second wife, Melinda Ledbetter, rescued him and was his “anchor.” Thereafter, Wilson’s life “normalized” as he healed from both his psychoses and the trauma of treatment by Landy.
Wilson’s situation grew worse when Ledbetter died suddenly on January 30, 2024. At age 81, Wilson is unable to make financial decisions without assistance. Wilson requires a fiduciary because of his mental decline and the death of Ledbetter, who managed his daily life.
The petition states that the 81-year-old Beach Boys co-founder has a “major neurocognitive disorder” and is taking medication for dementia. The petition asks a judge to appoint two longtime Wilson representatives – publicist Jean Sievers and manager LeeAnn Hard – to be conservators overseeing his personal and medical decisions because “Mr. Wilson is unable to properly provide for his personal needs for physical health, food, clothing, or shelter.” The two women “have had a close relationship with Mr. and Mrs. Wilson for many years, and Mr. Wilson trusts them,” according to the filing.
The move came after consultation between Wilson, his seven children, caretaker Gloria Ramos, and his doctors, according to a statement posted Thursday on his social media accounts. “This decision was made to ensure that there will be no extreme changes to the household and Brian and the children living at home will be taken care of,” the posts said. “Brian will be able to enjoy all of his family and friends and continue to work on current projects as well as participate in any activities he chooses.”
Judges most anywhere can appoint a guardian or conservator for the person, to make health care and living decisions. Courts can also appoint a fiduciary to oversee finances – referred to as the Guardian of Property in Maryland. When appointing a guardian or conservator, the law gives preference to persons previously selected by the incapacitated person. Such selection might be found in a power of attorney document. If no such selection was made, then the Court will give preference to family members. However, in some situations, decision-making is fraught when left to family. In Wilson’s case, he has seven children from two wives. The family may have wisely congealed around two close business associates to make health care and living decisions for Wilson.
The petition only seeks conservatorship of his person. Wilson does not need a conservator of the estate because his assets are in a trust. His manager, Leann Hard is the trustee. Wilson’s case underscores the value of owning assets in Trust. For a person with a known illness, owning assets in trust can avoid the time-consuming and sometimes unpleasant process of having a Court appoint a guardian of property or conservator. A living trust is also particularly helpful for persons who are single or who have been married more than once. I also recommend living trusts for persons with complex assets, like copyrights, real estate investments, or significant corporate interests. The prospect of a prolonged, perhaps contentious, guardianship can harm an ongoing business, financial transaction, or management of assets.
Ultimately, a successful guardian will have qualities beyond the skills of a prudent person. A guardian must be available, informed, and eager to serve. In other words, an effective guardian must, in the words of Wilson’s biopic, demonstrate love and mercy.
Evan J. Krame