Wendy Williams, the famous talk show host, has long been a media fixture, but in recent years, her name has been associated with a highly publicized guardianship battle. This case underscores the importance of estate planning tools like powers of attorney (POA) and guardianships, highlighting potential complications when these tools don’t work as intended.
This article examines Wendy Williams’ guardianship saga, particularly why a guardianship was imposed despite her having a POA in place. We’ll also explore how guardianship and POA laws differ in New York, Texas, and Florida, and consider how the situation could have unfolded differently had a pre-need guardian declaration been in place.
Wendy Williams’ Guardianship: How It All Unfolded
In early 2022, Wendy Williams’ financial advisor, Lori Schiller, reported to Wells Fargo that Wendy was of “unsound mind,” prompting the bank to freeze her accounts and petition the court for a third-party temporary financial guardian to be appointed.1 Concerns about “financial exploitation, dementia, or undue influence” arose after purchases made by her son, Kevin Hunter Jr., during Wendy Williams’ stay in Miami, Florida in late 2021.2 These transactions prompted Wells Fargo to question the validity of her power of attorney, citing potential undue influence, and ultimately led to guardianship proceedings when she returned to New York in early 2022.3
Although court records are sealed, it is assumed based on public statements and limited family access, that Wendy is under plenary guardianship, which grants the guardian full legal authority.4 Media reports of Wendy Williams’ erratic behavior, combined with her health issues, including Graves’ disease and lymphedema, which led to her stepping down from her talk show in 2021, likely heightened Wells Fargo’s concerns about her decision-making and potential undue influence.5 These factors, combined with questions surrounding her mental capacity, led to the court appointing attorney Sabrina Morrissey as Wendy’s temporary guardian in May 2022.6
The guardianship was further complicated when Wendy was diagnosed with primary progressive aphasia and frontotemporal dementia in May 2023, similar to actor Bruce Willis’ diagnosis.7 These conditions impair communication and cognitive function, which reinforced concerns about her capacity despite having a POA in place.8 This case highlights the limitations of a POA when questions about mental capacity or the agent’s actions arise.
Durable Power of Attorney and Guardianship Laws: New York vs. Texas and Florida
Durable Power of Attorney
In New York, Texas, and Florida, a durable POA allows an individual (the principal) to appoint an agent to handle financial or other matters, even if the principal becomes incapacitated.9 However, the principal must be of sound mind when executing the document.10
New York’s laws impose strict requirements, including notarization with witnesses, and the agent’s duty to act in the principal’s best interest.11 Additionally, courts can appoint a guardian if the POA is contested.12 In Texas, POAs must be executed either before a notary or 2 witnesses; however, before appointing a guardian, Texas courts prioritize finding less restrictive alternatives, such as enforcing the POA.13 Like New York, Florida’s rules require the POA to be executed before a notary and two witnesses, but also require the POA to specify the agent’s exact powers. Similar to Texas, financial institutions can challenge a POA, and if it fails, Florida’s guardianship laws ensure court oversight with regular reviews.14 But, if the financial institution wrongly rejects a valid POA, it is liable for damages, including attorney's fees and costs.15
While the core principles of POAs are similar across these states, New York has stricter formalities. Texas courts focus on preventing guardianship when a valid POA exists, whereas Florida requires specific powers within the POA document.
Guardianship
Unlike a POA, which is voluntary, guardianship is court-ordered when a person is declared incapacitated.16 Guardianships can cover financial, medical, or both types of decisions. The court limits the guardian’s powers and requires regular reporting.
Wendy Williams’ case demonstrates how a poorly executed or challenged POA can lead to guardianship. Even with a POA in place, concerns about undue influence or mental capacity can prompt courts to appoint a guardian, as happened in Wendy’s situation.
The Importance of Pre-Need Adult Guardianship Declarations
Wendy Williams’ case also highlights an underused estate planning tool: the pre-need adult guardianship declaration, which could have provided clarity about her care if she had lived in Texas or Florida, instead of New York. In Texas and Florida, individuals can designate who they want as their guardian in case of incapacitation, giving the court clear instructions and reducing the likelihood of family disputes.17 A pre-need guardianship declaration becomes effective only after a court finds the individual incapacitated, and courts in these states generally honor the principal’s choice unless there is evidence of unfitness.
New York, however, does not offer such a mechanism. This means the court decides who the guardian should be, even if an individual’s preferences are outlined in other estate planning documents. Wendy’s case might have played out differently if she had resided in Texas or Florida, where a pre-need guardianship declaration could have provided clear guidance for her care, potentially avoiding the need for a court-appointed third-party guardian.
Avoid Probate Court by Protecting Yourself with a Comprehensive Estate Plan
The Wendy Williams guardianship saga underscores the importance of thorough estate planning. A durable POA alone may not be enough to avoid guardianship proceedings if capacity is questioned.
1Jessica Finn, Wendy Williams’ bank calls her an ‘incapacitated person’ who is possible ‘victim of financial exploitation’ in lawsuit, The Sun, US, Inc., (Feb. 10, 2022), https://www.the-sun.com/tv/4657034/wendy-williams-bank-incapacitated-person-financial-exploitation-lawsuit/ (last visited Sep. 16, 2024).
2Brande Victorian, Wendy Williams Guardianship Explained by Experts in Wake of Lifetime Doc, TheHollywoodReporter.com, (Feb. 27, 2024), https://www.hollywoodreporter.com/tv/tv-news/wendy-williams-guardianship-explained-lifetime-doc-1235837099/amp/ (last visited Sep. 16, 2024). Wendy appointed her son, Kevin Jr., as her agent under power of attorney.
3Id.
4 See Victorian, supra note 2.
5Lauren Samer, Wendy Williams cries, says she has ‘no money’ or friends in dramatic new doc footage — that’s now vanished, NYP Holdings, Inc., (Feb. 2, 2024), https://nypost.com/2024/02/02/entertainment/wendy-williams-cries-in-dramatic-lifetime-doc-footage/ (last visited Sep. 16, 2024).
6 Kelsie Gibson, Everything to Know About Wendy Williams’ Guardianship, PEOPLE.com, (Feb. 27, 2024), https://nypost.com/2024/02/02/entertainment/wendy-williams-cries-in-dramatic-lifetime-doc-footage/ (last visited Sep. 18, 2024). Sabrina E. Morrissey, licensed as a New York attorney since 1995, specializes in estate planning, guardianships, and litigation. With experience as an Article 81 Guardian, she is actively involved in the New York Women’s Bar Association and holds degrees from Brooklyn Law School and New York University.
7Jonathan Franklin and Ayana Archie,Wendy Williams is diagnosed with aphasia and frontotemporal dementia, NPR.org, (Feb. 22, 2024), https://www.npr.org/2024/02/22/1233172648/wendy-williams-aphasia-frontotemporal-dementia-diagnosis (last visited Sep. 18, 2024).
8Id.
9See Article 5, Title 15 of the New York General Obligations Law; Chapter 752 of the Texas Estates Code; and Chapter 709 of the Florida Statutes.
10 Id.
11N.Y. Gen. Oblig. Law § 5-1501B (requiring notarization, two witnesses, and the use of a statutory form).
12N.Y. Mental Hyg. Law § 81.01 et seq. (governing the appointment of a temporary or permanent guardian when an individual is deemed incapacitated or when a power of attorney fails).
13Tex. Est. Code §§ 751.0023 and 751.053 (recognizing durable powers of attorney and allowing third parties, like banks, to reject a POA if there are concerns about validity). Tex. Est. Code § 1001.001 (courts must consider less restrictive alternatives, such as enforcing a POA, before appointing a guardian).
14Fla. Stat. § 709.2105 (requiring specific powers to be listed in a POA), and Fla. Stat. § 744.367 (providing court oversight and regular reviews in guardianship cases).
15Fla. Stat. § 709.2120(5); see also Albelo v. S. Oak Ins. Co., 121 So. 3d 1108 (Fla. Dist. Ct. App. 2013) (holding insurance company for damages due to its refusal to accept a valid durable power of attorney).
16See Texas Estates Code, Chapter 1101; Florida Statutes, Chapter 744; and New York Mental Hygiene Law, Article 81.
17https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1104.htm
