It is fascinating when the types of cases we handle in our practice come to life in the media. Recently, former talk show host Wendy Williams has been the subject of media attention because she has a court-appointed guardianship. Her case has sparked debate about guardianships and the freedom a ward retains.
What Happened to Wendy Williams?
A New York court appointed a guardian for Ms. Williams after determining she was incapacitated and unable to manage her affairs. As a result, the guardian is now responsible for making crucial financial, medical, and personal decisions on her behalf. Ms. Williams, however, claims she has capacity and expresses feelings of isolation, even comparing her experience to being in prison. She stated she lacks access to communicate freely with others, which has led her fans to rally behind her in a “FreeWendy” movement similar to Britney Spears’ legal battle over her conservatorship.
Key Questions About Guardianship
Cases like Ms. Williams’ raise important questions:
- Can a guardian dictate every aspect of the ward’s life?
- Does the ward have any rights or input in decision-making?
- Can a guardian prevent the ward from seeing family or friends?
These are concerns we frequently address in our elder law practice.
Understanding Guardianship and Its Purpose
Guardianship is typically sought when an individual has a cognitive impairment or mental illness preventing them from managing their affairs and making informed decisions. If appointed, a guardian is often empowered to make legal, financial, and healthcare decisions for the individual. However, courts aim to establish the least restrictive form of guardianship possible, preserving the ward’s autonomy where feasible. The court may allow the ward to retain rights such as voting or choosing social and religious activities.
A guardian’s role is not to completely control the ward’s life but rather assist where needed. Even if a guardian has broad authority, courts require consideration of the ward’s preferences. The guardian is expected to promote the ward’s dignity, privacy and self-direction whenever possible.
Challenges in Wendy Williams’ Case
Wendy Williams’ guardian is a court-appointed attorney who did not have a prior relationship with her. She was appointed after a financial institution sought the appointment of a guardian for Ms. Williams due to concerns about her financial well-being. This dynamic likely complicates the relationship between Ms. Williams and her guardian.
While the guardian may be protecting Ms. Williams from potential financial exploitation, she has raised valid concerns about the guardianship. For example, her request to visit her father for his 94th birthday was initially denied but later granted. This request is an example of a self-directed activity, and guardians should permit those so long as they are in the ward’s best interests.
Can a Guardianship Be Reversed?
If the ward regains capacity, they can seek to terminate the guardianship. This process requires medical evaluations and legal proceedings to demonstrate that the ward can once again manage his or her own affairs. Ms. Williams’ guardian recently requested a new medical evaluation based upon Ms. Williams’ claims that she has capacity. The results will be critical in determining her future.
