Sumner Redstone And The Question Of Mental Capacity
Complex Litigation partner Barbara Wahl published an article with Law360 on the Sumner Redstone litigation, in which the California trial court decided that the media tycoon had sufficient mental capacity to decide who should exercise his health care directive. Ms. Wahl contrasted that decision with the outcome in the Donald Sterling matter, in which the same court found that Mr. Sterling, who was also found to have impaired mental capacity, was not fit to run the trust that controlled his interest in the L.A. Clippers basketball team.
Ms. Wahl noted that the different outcomes in the two cases reflect that courts generally allow an individual to make decisions about his personal life, even if those decisions are not objectively rational, but when business and financial matters are at stake, the decision maker is held to a higher standard of cognitive skill. To read the article, click here.