Legal tussle over care of Viacom, CBS mogul

Hey there, time traveller!
This article was published 27/11/2015 (3914 days ago), so information in it may no longer be current.

LOS ANGELES — A legal battle that began Wednesday over medical care for ailing media mogul Sumner Redstone has produced conflicting portraits of the billionaire’s health and mental state.

Redstone’s former companion, Manuela Herzer, claims in a probate filing seeking to regain control of his care that Redstone can no longer make informed decisions and requires around-the-clock medical care.

Her claims, however, were disputed by lawyers for the 92-year-old Redstone, who say he was evaluated by a doctor Monday and found to be in good spirits and able to make decisions.

Herzer and Redstone dated from 1999 to 2001 and have maintained a close relationship since then. She has been designated in estate planning documents as the person Redstone wants to make medical decisions for him, her filings state.

Redstone controls CBS Corp. and Viacom Inc. through National Amusements Inc., which holds nearly 80 per cent of the voting stock in both media companies. Redstone hasn’t joined an investor conference call since November 2014.

A Los Angeles judge will be asked Monday to issue orders regarding Redstone’s care and whether he should undergo a medical evaluation sought by Herzer. Redstone’s attorneys contend that evaluation is unnecessary.

Redstone recently underwent a brain scan, which found no signs of stroke or other impairment, his court filing states.

In a statement, Redstone’s attorney, Gabrielle Vidal, says Herzer’s allegations about Redstone’s mental capacity are preposterous and called her filing an invasion of privacy.

In court filings, Vidal says Herzer’s contention is a result of being kicked out of Redstone’s home in October and stripped of her rights to make medical decisions by new estate planning documents.

Herzer’s attorneys counter that Redstone didn’t have adequate mental capacity to replace his former companion as his designee to make medical decisions.

“Sumner Redstone is a tragic figure in the waning days of an accomplished life,” Herzer’s filing states. “Once powerful and compelling, he is now unable to communicate reliably or competently manage his own health care.”

Among other details Herzer claims in her filing: Redstone was hospitalized three times in mid-2014, twice for aspiration and pneumonia, leaving him with a feeding tube and catheter.

• He can “barely vocalize” and is “emotionally distraught” at his inability to eat or drink.
• His signature is like a straight line, “appearing as if someone moved the paper under his pen.”
• In contrast, Redstone’s lawyers rebutted in documents: Viacom CEO Philippe Dauman visited him for 90 minutes on Nov. 3, reminisced about corporate and personal history, watched basketball together and discussed a movie Redstone had seen. Dauman said Redstone was “engaged and attentive.”
• His primary physician, Dr. Richard Gold, visited him on Monday where Redstone “seemed to be his usual self, and joked with me.” While Gold called Redstone’s speech “substantially impaired,” he said his patient was able to make his own medical decisions.
• Redstone underwent a CT scan within the last two weeks that Gold said did not show evidence of a stroke and “was quite good for a 92-year-old.”

Redstone technically leads CBS and Viacom — earning a combined US$24 million in compensation from the companies in fiscal 2014. CBS’s chief executive is Les Moonves, while Dauman, Redstone’s lawyer, runs Viacom.

Dauman is Redstone’s chosen person to make medical decisions for him, court filings state. After his death, control of CBS and Viacom passes to seven trustees, including Dauman and Redstone’s daughter Shari Redstone.

 

— The Associated Press