Leonard Peikoff conservatorship court case

I’ve seen ET / Thomas Szasz bring attention to the fact that the state can unjustly take autonomy away from people who allegedly lack mental capacity, and there are some people on this forum who have derived a lot of value from Leonard Peikoff’s lectures and writings, so I thought this would be a good thing to share on CF:

There is a gofundme campaign to raise funds for LP’s side of the legal case, but I do not necessarily endorse it. I’m not sure what to think.

Part of the reason I’m suspicious is that the letter had some uncharacteristically awkward language. Maybe something like the following is going on: LP has developed Alzheimer’s disease, his new wife is taking advantage of his memory problems and trying to squeeze as much money out of him as she can, and he needed a ton of time and assistance to write that letter (i.e. he’s in really bad shape and he wouldn’t sound so cogent if he was talking).

I lean towards siding with Peikoff here, but I think it’s hard to know who is in the right without knowing more details. I would be very interested to hear any disagreement or other commentary.

Thanks for sharing. I hadn’t seen this.

Since Facebook isn’t part of the open internet (can’t view the page without logging in), and to archive it, here’s Peikoff’s letter. I’ll comment in a second post after this one.

Dear Objectivist Students and Friends,

I am Leonard Peikoff and I share with you today another fight against a grave social injustice.

I am outraged, let alone astounded and even heartbroken, at a new assault against me - an assault instigated by my daughter, Kira Peikoff, whom I once loved but no longer can. Kira has done the unthinkable. Based on outright lies and sleight-of-hand innuendo which she has offered about me to a court of law, she has petitioned the government to place me under a conservatorship. If you recall the Britney Spears case, you will know what this means: If not, look it up. Kira’s petition, if she wins, obliterates all my rights as an American citizen.

How can she get away with this? She is asking the court to declare officially that I no longer have mental capacity, and therefore I cannot take safe care of myself in any or all realms. Therefore, she holds, I need a government-appointed conservator to oversee and manage my entire life i.e., an individual to approve or veto in advance any of my decisions, and I, as a matter of law, would have no choice but to obey. A conservator’s power is all-encompassing; e.g., I have been told by attorneys that I would have to get the conservator’s approval even to buy a pack of gum. If so, it is goodbye for us elderly to grab a flight to Connecticut to see the family or even to grab a cab to reach some coffee shop in the neighborhood. Unless either of those have been officially approved in advance. The principle of the worst dictators in history, to my knowledge, has always been: Whatever is not permitted is forbidden.

How does the government justify seizing such power? A California law claims to “protect” elderly people (like me) from “elder abuse” by others and also elder abuse by your own action. Only God - no, only Sacramento and soon Washington - can save us poor helpless old folks.The government will save us from irresponsibility by forbidding us to act as an autonomous, responsible being.

Now “why”? Why is my daughter taking such an evil and destructive action against me? From the evidence I have accumulated in the past months and in certain cases years, the answer is twofold. 1) Kira is upset that after I die, she will no longer get all my lifetime savings. When I remarried, I decided to bequeath my Estate (50/50) to my beloved wife, Grace, and to Kira. 2) So, Grace, in Kira’s opinion, has stolen from her both my love and “her” money. Yes, it is true. Kira regards a bequest in my will - of my money while I am still alive - as already her money.

The case is even more irrational. Due to Kira’s relentless demands, I have already given her a sizable fraction of my Estate, which leaves me with not enough to pay for my present legal expenses which were undreamed of when I gave her the money. For Kira, though, these gifts were not enough, they did not satisfy her. Kira tends to regard her love for me as a bargaining chip, withholding the love if she doesn’t receive the money. I now think that giving her these gifts was a weak and stupid action on my part. Especially since she is now using these gifts to pay her high-priced lawyers – whose fees she can meet only through the very money that I gave her. The Fifth Amendment states that you (the government) cannot ask a man to testify against himself. But our Founding Fathers didn’t even imagine the need for an amendment stating that you cannot ask a man to finance his own destruction.

What does it add up to about Kira? In my understanding, it means that in her dealings with me, Kira is motivated by three desires: Greed, Jealousy, and Revenge. (She launched the petition for a conservatorship shortly after I told her about the change in my will).

What California’s “protection” of me qua elder has meant thus far is that I have spent exorbitant amounts of time and money to defend myself. I and my loved ones are in a fight for my life!

In carrying out her evil project, Kira’s first attack was to petition for an Emergency Conservatorship. This means that the court should grant her desire to enslave me immediately. There was a court hearing - Kira demanded that a conservator be placed over me at once because, I guess, of all the evils waiting in the wings to explode, if and when I am set free.

The normal procedure is to have the wife appointed by the court, but Kira demanded that the court use her nominated conservator - as if that individual would be neutral. Kira in her delusion did not expect me to have the competency or desire to respond. Instead, I was fully present (my wife, Grace, beside me). I think the Court heard my voice loud and clear. I objected to this senseless conservatorship and exposed her lies. Outcome of Kira’s first attack: The judge denied that any emergency existed. I established my competence, at least unofficially, AND won his agreement on the emergency issue! At that point, Kira was stopped, albeit temporarily, in her rush to shackle me.

Once accused of mental incompetency, in order to keep his legal “protector” at bay, the victim faces an uphill battle - a painful trudge through the legal system’s endless procedures not only riddled by costs, but also by the anxiety triggered by all the legal machinations that it creates continuously, month after month, day after day. And I have been advised that the case may continue to 2025. I wake every day to this “ground zero” and to the question when, if it does, will the axe fall?

Objectivists, do you see the contradiction? In the name of “the accuser and the government protecting me”, they have submitted me to very high amounts of stress in multiple arenas. I have been put through hours of legal procedure, and hours-long mental capacity tests which I am required to pay for at $900 plus an hour, stripping from me my dignity and making my life miserable and even fearful of the final verdict to come – who knows when?

As Objectivists, we must fight this ever-increasing poison fed to us by our ever-increasing government. The purpose of this statement is to highlight this evil by concretizing this abstraction for you by showing you the specific terms and the horrors they visit on their victims who are allegedly their beneficiaries. My hope is that this brief indication will help to motivate you even more to join me in the fight against all this injustice.

What is the answer to all these welfare statists? As Ayn Rand has shown, government properly is a policeman to protect citizens from the initiation of force by others. Government is not a hospital or a home for the homeless, mentally ill, the unemployable, or any other group conventionally described as helpless, even if they really are helpless. Helpless individuals or groups must depend on the voluntary assistance of friends, relatives, or private charities. It is important to recall here that in the 19th century, the U.S. was much freer than it is today so that people could keep most of the wealth they had earned and did not see chunks regularly torn from them to feed “the sick” etc. In other words, people were much more generous when they were not visited regularly by the IRS. A farmer in that early period was often richer when his farm burned down than he was before, thanks to the charity that he received from those around him; because they viewed him as an independent equal, not as a leech sucking the blood out of them.

What enables the government to announce its demands for the time and wealth of the producers, and why do those who are the victims accept such demands as moral? Why should the independent producer sacrifice his own achievements, his own productive wealth to those who, whether through their own fault or not, do not produce enough to sustain themselves? Here there is only one answer, which Objectivists know: The morality of self-sacrifice, of altruism – the commandment that you must love and support your neighbor no matter how penniless your sacrifice will leave you. It is, as altruists have often implied and some have stated explicitly, a world in which the helpless survive by eating alive those who are not helpless.

My purpose in this letter is to help fight against the philosophic and ethical ideas now prevalent in our society that lead to so much misery among ordinary citizens such as me. This is not the world we elderly were brought up to expect. If years ago I had been told that this kind of lawsuit would occur in my last years, I would’ve scoffed at the absurdity. I am now in my “golden years” - but it feels like I’m in the “Twilight Zone,” which is now opening up and dragging me into who knows what.

Leonard Peikoff

Thank you for reading this. I have told you the gist of my situation and its philosophic roots as simply and briefly as I can. And special thanks to my good friends Carrie and Bradley, who, through their enthusiasm, editorial assistance, and computer-wise action made it possible for me to write the letter and place it before the public.

Last, but certainly not least, I want to thank my wonderful wife, Grace, for her unremitting support through every one of the legal events and also for the huge amounts of time she has spent as our paralegal, searching out emails, voicemails, and the rest. Sweetheart, you are not only keeping me hopeful, you are actually keeping the hope possible and real.

I found the letter suspicious too and I don’t really know what’s going on. How is Kira Peikoff fighting for a larger share of the inheritance with a father who says he doesn’t have enough money for lawyers to defend himself? More explanation is needed.

Leonard Peikoff is 90, has been divorced 3 times, and seems to have remarried recently. I don’t know the date of his 4th marriage or his 4th wife’s age. A younger woman marrying a rich 90 year old and then convincing him to change his will is a red flag that does merit some concern/consideration/discussion. I don’t know what happened that led to massive escalation.

I think it’s relevant that Leonard Peikoff has treated multiple people harshly, such as basically blacklisting and excommunicating George Reisman, and may have set an example for his daughter with his own actions. He’s also gone public with harsh attacks on his daughter now.

From the replies, Harry Binswanger is on Kira Peikoff’s side:

There’s also a discussion on an Objectivist forum at Leonard Peikoff, conservatorship - ARI Corner - Objectivist Living

Comment on another Facebook post:

And another Facebook comment:

Court info: Conservatorship of Leonard Peikoff and https://trellis.law/case/24pc000231c/peikoff-beilis-kira

5 years ago I began reading one of Kira Peikoff’s books but I disliked it enough to not finish it.

1 Like

Interestingly, it appears that Harry Binswanger has already deleted both of the comments that you screenshotted. One possibility is that he learned some new information and it made him less certain. Another possibility is that he’s worried about getting sued (James Valliant said in the comments that he’s been advising people not to comment publicly for that reason).

More potentially relevant information:

In 2021/2022, Peikoff published a letter where he states who will inherit his intellectual property after he dies. There are two versions of the letter. The first does not include Kira and the second does.

Version 1

Version 2

The initial letter, where he bequeaths the rights to Rand’s work to ARI rather than Kira, seems more logical to me because, as ET points out in his article, Kira doesn’t seem to care very much about Objectivism. (It looks like maybe she complained to him about the first version and succeeded in getting him to change it? That would fit with his accusation that she’s greedy.)

In Peikoff’s most recent public appearance, in February 2022 (“most recent” as far as I know), he seems to be quite sharp. Old people can deteriorate really quickly, though, so who knows what he’s like today.

Leonard Peikoff, conservatorship - Page 2 - ARI Corner - Objectivist Living (I added bolding on the text by Kira Peikoff):

As a follow-up, Schott Schiff posted on Facebook a comment from Kira from another source (see here).

I’m quoting Scott’s part below in addition to Kira’s part.

UPDATE: A source did get a response back from Leonard’s daughter Kira…

Thank you for your concern. This is a private family matter that will be determined by a judge, not the court of public opinion. All I will say is that my father’s statement is libel, and contains many mistruths about me. He neglected to mention that his new wife is a nurse caregiver who was hired from an agency and that she has used controlling tactics to influence him and isolate him from his entire family, many friends, and longtime professionals. We will go to trial in March. As one example, he purchased the $3.7M house in secrecy and quitclaimed the deed to her (this is public record) before there was any marriage, while she was drawing a salary from him as a caregiver. This is in violation of CA probate codes which consider such asset transfers to caregivers to be presumptive fraud.
----

I thought I should follow-up with her side of the story.

6 more months from now, and 12 total, seems like a long delay for the court system to adjudicate this. What if Leonard Peikoff dies of old age before the trial? Will they have the trial anyway without him? Will that be significantly harder or worse in some way? And he’s potentially very vulnerable and in a bad situation right now.

I guess that’s why an emergency order was sought. Does “emergency” just mean “urgent to resolve in under a year”? That is not what the word normally means but may be how the courts work? Or maybe the courts use a normal meaning for “emergency”, and that’s why the emergency order was rejected (the judge ruled this wasn’t the sort of immediate crisis that needed to be resolved in a week or to have severe government intervention while waiting a month for a trial), but then they don’t do anything to take into account how slow they are?

I don’t know. Just wondering.

Update:

A new interview with Peikoff came out recently. It was recorded a couple weeks ago.

After watching it, there is absolutely no question in my mind that Leonard Peikoff is competent to run his own life. I think that the state has no business putting him under a conservatorship. Peikoff seems like his usual self, and he acts nothing like the cases of Alzheimer’s / dementia, or even senility, that I’ve seen.

I skimmed the video briefly and searched a few keywords in the auto-generated transcript. My impression is he seems mentally competent. But it looks like he doesn’t answer any of the following questions. Let me know if he did answer.

  • Why didn’t LP’s letter attacking KP speak to her arguments/reasoning presented in her one paragraph rebuttal? (I expect that he was already familiar with her side of the story, so is that evasion by LP?)
  • What is LP’s answer to KP’s arguments?
  • Did LP give his new wife full property rights over his new home, while keeping the mortgage debt obligation attached himself, and if so why?
  • Does LP now intend to give the copyright’s to any of AR’s books to anyone besides ARI or KP? If not, how will his new wife pay the mortgage after he’s gone?
  • Did LP break any promise to KP? If so, has KP been injured in a major way due to relying on that promise?
  • Does LP acknowledge that KP had legitimate concerns that were reasonable to bring up in a private discussion with him?
  • Assuming they discussed these issues privately, what happened that led to disagreement and major escalation? What specifically did they disagree about, why, and what blocked resolving the disagreement?
  • Why did LP move into an elder care home then leave it?
  • Does LP believe he and his new wife broke some bad laws or that they did nothing wrong legally? If the laws are bad, which ones and why? If he and his new wife are fully innocent, then how does he answer claims like KP saying “This is in violation of CA probate codes which consider such asset transfers to caregivers to be presumptive fraud.”?

Even if LP is mentally competent, he still may be doing a variety of bad things. He may be treating his daughter badly even if he’s legally in the right. And if he intends to give any of Ayn Rand’s book copyrights to his new wife, he may be betraying Ayn Rand (and other Objectivists, including me).

These are good questions. Sadly, he did not address any of the personal questions. The only question he directly addressed was your most important question (about AR’s IP). See below.

I’m probably more sympathetic to LP’s choice to not answer the personal questions than you are. I think his goal in going public was to convince rational people that his legal defense is a worthy thing to donate to, rather than to convince rational people that he’s completely in the right wrt his dispute with KP. (And I think he has largely achieved this goal, simply by bringing the situation to light in the first place, and by proving that he’s mentally competent. However, now that I type it out, I’m thinking that if this was his goal, then he should have been way more transparent about his finances.)

I agree that it’s possible that LP may have done a variety of bad things here, to KP or to himself. Also, I think it’s worth adding that, having seen this interview, we basically know that KP is treating LP extremely badly by filing a conservatorship case against him, i.e. subjecting him to tests / anxiety / costs / a possible loss-of-freedom, even though he’s mentally competent.

Does LP now intend to give the copyright’s to any of AR’s books to anyone besides ARI or KP?

He says AR’s IP will be controlled by a panel of 5 senior Objectivists, whom LP has selected, and who are remunerated for being on the board.

Why did LP move into an elder care home then leave it?

How do you know he was in an elder care home? (KP didn’t say so.)

LP said something in the interview that seems to contradict the idea that he was in an elder care home. He said that in around 2020 he started to suffer some of the really bad symptoms of being old, so he had his assistant find a caretaker for him. If he was at an elder care home, I’d think he would have had caretakers automatically.

I thought I remembered that from when this came up a few weeks ago. I could easily be mistaken.

I don’t think people should donate to him if he won’t give counter-arguments to Kira’s main claims, and won’t explain much about what the legal issues actually are, and including whether he believes he violated a bad law or no law.

Also, LP is the one who wanted to make this public, and he said very negative (and potentially illegal) things about KP, so I think he ought to explain himself more or be judged pretty negatively (that doesn’t mean judging that he should lose his court case, which I don’t have enough information about).

I don’t think we know that. First, his competence could be intermittent like I think Biden’s is (I don’t think Biden is always as bad as he was in his debate with Trump). Second, more importantly, I don’t really know what is at issue in the court case, and I don’t trust LP about it, and he didn’t try to explain it much anyway and KP only gave a few sentences of explanation. I doubt I’ll be able to judge well until after the court case is over. Since LP may be defaming KP, I don’t want to jump to conclusions that she did something objectively bad. She certainly did something adversarial that LP doesn’t like, which I think is mutual. And there’s certainly cause to be suspicious that KP may have done something bad.

I assume that’s ARI related not something separate? I guess that’s a change which means KP doesn’t get any copyrights anymore. I wonder what the plan was after he got the new wife, after KP was upset with LP, before KP lawyered up.

Yeah. I think you’re right about all those things, now. Thanks for pointing them out.

He didn’t go into a lot of detail. I think it’s something separate from ARI. He said enough that I’m pretty sure it’s a different arrangement from the one he explained in the property statement (v2) that I linked above.

By the way, I just discovered that the property statement, https://peikoff.com/property-statement/, has been taken down from LP’s website. (This happened at some point in the past few weeks.)

LP wrote that KP’s motivations were greed, jealousy, and revenge, and that her “project” (trying to get the conservatorship) was evil. He also wrote that he can no longer love her.

I can’t imagine publicly writing that kind of thing about my own child. He is encouraging other people to hate and potentially harass her. He is completely leaving out her side of the story. He could have written something about how she is misguidedly trying to protect him, and while he understands she has concerns, he is of sound mind and is truly in love.

I have trouble being sympathetic to someone voicing that kind of hate towards their own child, and encouraging other people to hate them as well. It was possible for him to seek financial help without doing that.

From what I read, Peikoff bought a 3.7 million dollar house and quitclaimed it to his nurse before they were even married. He says in the video that he asked her 3 times before she agreed to marry him. I don’t think he mentions that he also bought her a 3.7 million dollar house before she married him, and that this happened while she was still his caregiver. (I didn’t watch the full video though.)

Adult children having to deal with their elderly parents being taken advantage of is common. There is often nothing they can do, since their parent is of sound mind, and they just have to watch their parent give away their life savings. I have a lot of sympathy for people dealing with this. There are many reddit threads about it.

I don’t know if this is what is happening with Peikoff. But it is a reasonable concern, and I can’t imagine vilifying my own child for having that kind of concern. It also seems intellectually dishonest for him to be framing it the way that he is, while completely leaving out her side of the story.

1 Like

A brand new organization, consisting of a board of directors and nothing else, to manage Rand’s book copyrights, sounds like a bad idea to me. (I looked at the transcript. He doesn’t say much but it’s around 12:30.)

Leonard Peikoff already made a board of directors, at ARI. Why make another one?

Rand dislikes boards of directors. At least ARI is a board plus other things, This new organization would only be the thing Rand dislikes.

It sounds like Peikoff is breaking his word to ARI to give them most of the copyrights. This is the second time he broke his word to ARI, after previously saying they’d get all the copyrights then taking 3 away. Now they get none.

Making a new thing last minute when you’re really old is bad. Peikoff made ARI when he’d spoken with Rand much more recently and he was better able to think than he is now. ARI now has been around for decades so Peikoff has had time to see how it worked and see if he made design errors. A few years ago, after decades, he thought ARI was good. The new thing could have huge design flaws but Peikoff could easily die before realizing it. Last minute changes are risky and basically irresponsible. Peikoff is implicitly admitting he failed at planning ahead about something extremely important and that he already screwed up.

Peikoff had many years to influence ARI’s direction (and many years to influence his daughter, too). The new thing won’t be influenced by him as much.

Also the new thing has no mission other than this. ARI already has a mission. I’m concerned about the incentives.

Why not give the coyprights to an individual to help empower them to be important and do things in the world like Peikoff was empowered? I’d guess the answer is because he doesn’t have a high enough opinion of anyone and there’s downside risk if the individual does a bad job. He didn’t find/create anyone he thinks is a good enough successor. (Or maybe he likes a few people enough but they’re too old.)

If he can’t find anyone good enough and just wants nothing special to be done with the copyrights, and just wants to avoid disaster, then ARI seems like it can do the job (from his point of view). If he wants to actually empower anyone to do anything that changes the world, then he should pick an individual not a group.

I don’t think Rand would have approved of creating ARI, but he did create it and he’s not reversing himself on that, but now he wants to make another one sort of? One was enough.

I think maybe what Peikoff should do at this point is put all of Rand’s material into the public domain when he dies.