Erika Girardi’s estranged husband Tom Girardi is currently residing in a “restricted memory care unit” at an assisted living facility as his health continues to deteriorate.
In new court documents obtained by PEOPLE, Tom’s court-appointed attorney Rudy MA Cosio indicates that the 83-year-old was recently moved to the facility “due to a further decline in his memory functions.”
Tom was diagnosed with dementia and late-onset Alzheimer’s disease in March 2021. That July he was moved to a nursing facility with 24-hour care amid his legal woes and divorce from The Real Housewives of Beverly Hills star.
The former attorney was placed under a temporary conservatorship managed by his younger brother in February 2021 that was made permanent that July.
Cosio said Tom “appeared neatly dressed and well groomed” and confirmed he was being “well treated” during his recent visit to the facility.
The attorney noted it “would appear” Tom will be permanently housed in Orange County and is therefore requesting Tom’s conservatorship hearings be moved from Los Angeles to Orange County.
Erika, 51, offered an update on Tom’s health during a May appearance on Watch What Happens Live with Andy Cohen.
His condition has not improved, Erika told Andy Cohen on WWHLexplaining that “Tom lives in a memory care facility.”
“Look, I can only say decline and further decline, it will not get better,” Erika said.
She added Tom still often reaches out, though their phone calls “last about five seconds.”
Cohen, 54, then asked Erika how aware Tom is of his legal troubles. “Does he know that the chickens have come home to roost?,” Cohen wondered.
“He thinks he’s still practicing law,” Erika said.
Never miss a story — sign up for PEOPLE‘s free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from juicy celebrity news to compelling human interest stories.
Erika filed for divorce in November 2020 after 21 years of marriage, amid rising racketeering and embezzlement tag against both her ex and his company.
Allegations included both a criminal and civil suit, the latter of which named Erika as well. Tom was accused from of embezzling money, among others, a settlement intended for the loved ones of victims of a 2018 plane crash.
Erika maintains that she was unaware of Tom’s alleged criminal actions, which resulted in him being disbarred by the California Federal Court. She has not been named in any federal suits. And though a civil battle continues, it was recently concluded in one case that the plaintiffs suing Erika for “aiding and abetting” her estranged husband in alleged fraud failed to prove she had any knowledge of the alleged crimes, which she Erika took as a hopeful sign.
“Two years now down the road, we’re getting some really great rulings, and I’m grateful for that,” she said during the RHOBH panel at last weekend’s BravoCon 2022. “And more to go,” she continued. “So I’m in a much better place, and I’m grateful for that.”