Jay Leno Files for Conservatorship Over Wife Mavis Amid Dementia Diagnosis
In response to Mavis's dementia diagnosis, former Tonight Show host Jay Leno has applied for conservatorship for her. To guarantee that Mavis, 77, had "managed assets" to cover her future medical expenses in the event of his death, he started the process of establishing a living trust for her. As per Page Six, for his first public appearance since the legal filing, Leno looked serious. Wearing a Canadian tuxedo, the former TV personality was seen on Saturday afternoon meeting with a few men at an airport in Los Angeles.
California probate attorney David A. Esquibias exclusively told People, "Jay is asking the court for permission, otherwise known as 'Substituted Judgment,' to create an estate plan (i.e., likely a trust) for his wife because she did not create one on her own prior to [the] onset of her dementia." Esquibias continued, "If the court approves Jay's request, he likely will name himself as her beneficiary due to their 40-plus-year marriage," Esquibias continues. "If the Judge does not grant Jay’s request, then upon his wife's death, a probate proceeding will be triggered to determine who receives her share of their assets, which is likely to cost the Leno family hundreds of thousands of dollars in unnecessary legal fees."
If the request is granted then the veteran comedian "will be responsible for making all decisions based on the scope that the court gives him." "Generally, courts like to be as least restrictive as possible," attorney David DuFault explained. "I would guess that given her age, given the idea that there is or appears to be a dementia diagnosis, it could be a very broadly crafted order that says that the petitioner has authority to make all kinds of decisions for her, which could be dealing with financial assets, selling real property, making decisions about beneficiary designations."
The attorney also noted that "there can be scrutiny by the court because usually, there is an ongoing obligation to disclose what has happened." "If it's contested, it could take a while," he continued. "If there's not a lot of dispute, if the evidence is there, that she is maybe slipping or is losing some of the capacity, and it's not being challenged, it probably could happen pretty quickly." Leno has been married to his wife since 1980, “It is my professional opinion that, due to her condition, Mavis is unable to meaningfully participate in the hearing on the Petition to Appoint a Probate Conservator nor would she understand the nature, force or effect of the hearing should she attend,” the capacity declaration stated, according to CBS News. In the report, the doctoralso marked a box indicating that Mavis "lacks the capacity to give informed consent to any form of medical treatment." The hearing on the conservatorship has been scheduled for April 9.
