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Tim Conway‘s health is declining.

In court documents obtained by PEOPLE and first reported by The Blast on Thursday, attorney Michael Harris, who has been appointed to protect Conway’s interests amid his daughter Kelly and wife Charlene’s dispute over his health care, revealed the 84-year-old comedian is “unable to communicate” and is “suffering from fluid on the brain.”

“He showed no ability or willingness to talk and no apparent sign that he comprehended the nature of the Conservatorship or any of my statements to him,” explained Harris, who made a visit to Conway’s Canoga Park home on Aug. 28.

Kelly previously asked to be appointed the conservator of her father and be in charge of his medical treatments following his dementia diagnosis — out of fear that Charlene would not provide him the proper care.

However, in the documents, Harris stated Charlene is “obviously devoted” to her husband.

“She informed me that her motivation was to work with Jeffrey Cummings, MD, a renowned neurologist who is trying to deal with Mr. Conway’s past brain surgeries involving a shunt that failed and later a valve procedure to correct his neurological problems,” Harris explained.

“Her concern now is for Mr. Conway to receive proper physical therapy so that he can better improve neurologically. It is my present belief that Mrs. Conway, my client’s wife, is an adequate and appropriate steward of her husband’s well-being and that her motives regarding Mr. Conway are in his best interest,” he continued.

Harris also said Charlene, denies Kelly’s claim that she is “planning to move him out of the excellent skilled nursing facility he is currently at.”

As PEOPLE previously reported Kelly is seeking a temporary restraining order to stop the alleged move, according to documents obtained by The Blast.

In the documents, Kelly revealed her father is currently under 24-hour care and that moving him “will be harmful to his health and life.”

She also asked the court to grant her conservatorship or move up the hearing before Sep 1. because she believes Charlene will move him at the beginning of the month.

Kelly did not respond to PEOPLE’s request to comment further.

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