A federal judge scheduled to sentence Tom Girardi this Friday ordered both sides to provide a supplemental briefing to determine whether he should serve his time in a medical facility.

Girardi, 85, who has been in an assisted living facility for two years, is now a “broke, half-blind, incontinent, 85-year-old man with dementia,” according to his federal public defenders, who don’t want their client to serve his sentence behind bars.