Dennis Hopper Is 'Terminally Ill,' His Lawyer Tells Judge

Actor continues divorce fight with wife Victoria Duffy-Hopper from his sickbed.

Mar. 25, 2010— -- Actor Dennis Hopper is dying and too weak to testify in his own contentious divorce from wife Victoria Duffy-Hopper, according to his lawyer.

"Mr. Hopper is terminally ill and is not strong enough to proceed with further chemotherapy," his attorney Joe Mannis stated in recent court documents obtained by

Mannis said his client was "too ill" for a scheduled March 25 desposition in the case.

As evidence, Mannis included statements from Hopper's doctor and personal assistant. According to Dr. David Agus, Hopper weighs less than 100 pounds and being questioned by his wife's lawyers "could actually threaten his ability to survive the current health crisis."

Assistant Emily Davis stated that Hopper was "extremely weak" and unable to talk for more than a few minutes at a time because "he's not able to concentrate and tires quickly."

Hopper, 73, who is battling advanced prostate cancer, has been conducting his bitter divorce from his sickbed.

In a statement, Hopper claimed his estranged wife stole valuable artwork and other property, including silver flatware, Egyptian cotton linens, Venetian glass pieces and wood furniture from Africa, with a total worth of more than $1.5 million.

He listed dozens of missing pieces of art, including some by Stephen Aldrich, Roy Lichenstein and actor Viggo Mortenson, that he accuses Duffy-Hopper, 42, of taking during "art raids" last November and December.

Hopper said in the court documents that a premarital agreement stated that any artwork created or collected during their marriage was his sole property.

Also in the documents, Hopper objected to changing the provisions of his $1 million life insurance policy as requested by Duffy-Hopper. Currently, she will receive $250,000 and the balance will go to his estate, which Hopper said he has already set up to for their six-year-old daughter Galen and his three other adult children to receive a "substantial portion."

For now, though, the "Easy Rider" star is nearly broke.

Dennis Hopper's Money Troubles

In the legal documents obtained by TMZ, Hopper says he is too ill to work and can only afford to pay his wife of 14 years $5,000 a month in spousal support.

In 2009 he earned $57,000 in residuals and is expected to earn that much this year, according to the court papers. Hopper's accountant listed the actor's liquid assets at $300,280 plus another $10,900 in Hopper's corporations.

The documents also say Hopper's extensive art collection has yielded little profit. Even though he has sold $1,895,000 worth of art in the last nine years, he claims his expenses to make and store the artwork have totaled $1,850,000, netting him only $45,000.

Hopper claims in the documents that he has been living off a $450,000 line of credit, but "no further borrowing possible."

Hopper's Deathbed Divorce

Hopper has been battling Duffy-Hopper for custody of their six-year-old daughter Galen while he battles cancer.

In February, while undergoing chemotherapy, Hopper filed declarations along with his children, doctors and assistant in Los Angeles Superior Court to support his divorce petition from Duffy-Hopper, 42, his wife of 14 years.

Court papers portray Duffy-Hopper as a villian, Reuters reported. The papers describe her as "extremely volatile," "insane and out of her mind" and "inhuman."

In the papers, Hopper claims his wife has kept Galen from him for long periods of time. He said he spent Christmas "in utter distress" after Duffy-Hopper took Galen to Boston, a trip he learned about from her attorney.

"This malevolent act ... has caused me to miss what may very well be my last Christmas with my daughter Galen," Hopper said in his filing.

In court last month, a judge ruled that Duffy-Hopper must stay at least 10 feet away from Hopper; his son, Henry; his daughter, Marin; and his assistant, Emily Davis, according to The judge also ruled that Duffy-Hopper may not enter the main Hopper residence in Venice, Calif., or any other portion of the property other than the unit in which she is currently living.

Hopper 'Verbally Abusive'

However, Duffy-Hopper maintains primary custody of Galen. The judge granted Hopper the right to visit his daughter every day for two hours.

Hopper's claims come in the wake of Duffy-Hopper's response to his divorce filing, in which she said the ailing actor was being coerced to leave her by his adult children, who want a larger piece of his estate.

In a declaration filed in Los Angeles Superior Court in January and obtained by ABC News, Duffy-Hopper said Hopper had been rendered mentally incapable of making decisions for himself or in the best interests of Galen.

In the filing she asserted that Hopper, allegedly addled by illness and drug use, threatened her verbally, kept loaded guns around the house, and exposed their young daughter both to his frequent marijuana use and to films that contain inappropriate sexual content.

She accused Hopper of being verbally abusive, claiming that in 2008 he called her "a human garbage can." In 2009, she alleges in the papers, he threatened her: "Something bad is going to happen to you and you won't see it coming."

The Kansas-born Hopper has had a colorful career in Hollywood. He shot to fame with "Easy Rider." Before that, he acted alongside James Dean in "Rebel Without a Cause" and "Giant." In 1979, Hopper appeared in "Apocalypse Now" and in 1994, "Speed." His more recent work includes the role of record producer Ben Cendars in the cable TV series "Crash."

ABC News' Sheila Marikar contributed to this report.