. . . If Estate Planning Firms Actually Planned?
Planned as in taking into account events that might happen ‘down the road’ long after the clients sign their documents and walk out the door and back into the real world.
Things like considering and planning for the possibility that a 66-year-old executor/trustee/health care agent might predecease the 70-year-old person doing the planning? After all, planning means planning for every contingency, some may be a little bit farfetched, some not so much.
Brian Wilson’s Illnesses
What brings this up? The - sad - story in the news all last week was that Brian Wilson’s family had to go to court to ask that a conservator be appointed to protect him and see to his care.
That’s Brian Wilson, founder of the Beach Boys. He is undeniably a genius who influenced music since the Beach Boys burst on the music scene in 1962. Hugely influential over every decade since Surfing USA in 1963 despite this: starting with a ‘nervous breakdown in 1964, he has suffered from mental illnesses of varying severity ever since. He endured years of whatever ‘treatment’ that was the flavor of the day - some can only be described as primitive - while also battling substance abuse issues.
These issues never really went away, sometimes he seemed fine, sometimes he was hospitalized, sometimes he self-medicated . . . he was a creative force through it all. A very successful creative force, his music always sold.
This week’s New York Times summed it up perfectly: “He battled depression and was eventually diagnosed with schizoaffective disorder, which manifested itself in auditory hallucinations, among other symptoms. He also experimented with LSD and other drugs and began overeating and abusing alcohol. He receded from the public eye and remained bedridden for extended periods during the 1970s.
All the while, as the Times reminded us, he remained “a musical visionary.”
His illnesses, however, were certainly made worse by the family members and advisors trying hard over those same decades to separate him from his vast royalties.
Brian Wilson’s Advisors
In 1982, Brian’s brothers and band members approached a therapist, Eugene Landy, to treat Brian. Landy had treated him in the early ‘70s and had seen some good results.
Landy would only agree to so if he was “given total control over Wilson's affairs without interference from anyone.”
They were desperate and agreed, then they told Brian that “he was penniless and no longer a member of the Beach Boys, and if he wanted to continue receiving his share of income from the touring band's earnings, he had to” accept Landy’s treatments.
Eugene Landy was named Brian’s conservator. He promised it would take no more than two years to help Brian after which time he would, of course, hand his affairs back to him.
The two years became ten. In that decade, Landy took credit for several of Wilson’s new songs, paid himself the equivalent of $1.2 million a year, severed Brian’s relationship with the Beach Boys (and, of course, his brothers), formed a music company with his patient, quit the medical profession a step ahead of an inquiry, and much, much more. All of it is covered nicely in 2014’s Love and Mercy.
Brian’s Marriage and New Conservatorship
Landy was ultimately compelled to depart, leading to the termination of the conservatorship. However, despite notable improvement and the ability to function adequately for performances, Brian continued to grapple with lingering challenges, indicating a clear need for assistance across various domains.
In the late ‘80s, Brian met and began a relationship with Melinda Kae Ledbetter. Six months after meeting Wilson, she reported Landy to the state's attorney general for ethical violations, but they informed her that nothing could be done without the cooperation of Wilson's family.
Shortly after that, Landy ordered Wilson to sever ties with her. That started the long, hard road to getting rid of Landy and the control he had over every aspect of Brian’s life. When Melinda and Brian were married in 1995, she became his conservator, health care agent, and attorney-in-fact.
That set the stage for the most peaceful decades of Wilson’s career - and life. He thrived, she got him to new doctors who tried new treatments that worked, and he performed live again.
Melinda’s Death
Why Brian’s in the News Again
Melinda passed away on January 30th. Surprisingly and perplexingly, the conservatorship paperwork failed to designate a successor. Consequently, legal proceedings were initiated to appoint a new conservator, necessitating a public court appearance. Brian Wilson, being the prominent figure he is, swiftly garnered media attention, thrusting his declining mental and physical health into the spotlight for public scrutiny and reporting.
This entire ordeal could have been avoided with a simple provision in the paperwork stating, ". . . in the event of Melinda's passing, the conservatorship shall . . .".
Wouldn’t it have been nice?
