Talk Show Host Fights To Reclaim Her Rights After ‘Unjust’ Guardianship

Putnam County TV watchers may remember that in 2022, talk show host Wendy Williams was placed under a New York guardianship after her bank manager alleged that she was of “unsound mind.” Williams disputes that claim emphatically, and in recent months, has retained legal counsel to try and get the guardianship lifted. While discrepancies about the true nature of Williams’ condition persist due to sealed court records, it is worth examining the case because while most guardianships provide dignity and assistance to those who need it, not every guardian may have their ward’s best interests at heart.

Clear & Convincing Evidence Required

There are three different types of guardianship in New York, two of which would likely not fit the circumstances of Williams’ case. One is guardianship over a child; another is an Article 17 guardianship, which essentially continues parental authority over a disabled adult who has just turned 18; and the last is known as an Article 81 guardianship. An Article 81 guardianship is granted by a court when a person becomes legally incapacitated, and gives a chosen guardian the power to assist in meeting the incapacitated person’s needs.

It is most likely that Williams is under an Article 81 guardianship. That said, if you are ever in a position where you face this type of procedure, be aware that guardianships are not just handed out by courts. The relevant law requires clear and convincing evidence of a person’s incapacity before a guardianship can be granted – meaning that when her bank alleged she was of unsound mind, at least some supporting evidence must have been presented.

Is It The Least Restrictive Option?

According to New York law, Article 81 guardianships are meant to be narrowly tailored to be the “least restrictive alternative” – that is, assisting a legally incapacitated person only with the decisions they cannot make for themselves. Originally, Williams was placed under financial guardianship only, meaning she had the right to make health-related decisions for herself. However, at some point during the period between 2022 and 2025, this changed into a full guardianship over all major decisions – certainly not the ‘least restrictive alternative’ in most cases.

While it remains to be seen what the outcome of Williams’ case will be, it is important to provide for your own future if you fear you may become incapacitated in the future. One of the easiest ways to avoid a court-appointed guardian you may not trust is to discuss the issue in a healthcare proxy form or power of attorney. Both of these documents affirmatively give a person the right to act for you, but with your consent, instead of at the whim of the court system.

Contact A Mahopac Guardianship Attorney

Guardianship can be a boon to a vulnerable person, but it also has the potential to trap someone in a legal position they do not wish to be in. If you have questions about the New York guardianship process, contacting a Mahopac guardianship attorney from Meyer & Spencer, PC may help to get them answered. Call our office today at (845) 628-0009 to schedule a consultation.

Source:

people.com/wendy-williams-guardianship-everything-to-know-8601138