90% of Adults Under Guardianship Never Get Out: The Wendy Williams Story
Guardianships are meant to provide a way for family members to provide valuable support and care for those who cannot take care of themselves due to medical conditions or mental defects. Many times, they are highly effective and necessary, but in some cases, they are exploited. Take into consideration the story of famed TV talk show host Wendy Williams. A recent documentary called “Where Is Wendy Williams?” creates a harsh realization about adult guardianships.
At SmithTaire Legal, we know the value and importance that adult guardianships present to family members working hard to protect their loved ones from very bad decision-making or others who would exploit them. Yet, it is important to consider the overall benefits and limitations of these legal structures. With our estate planning services, we can create highly effective tools that protect families from financial ruin.
The Wendy Williams Story: From Celebrity to Guardianship
The documentary on Wendy Williams paints a very difficult-to-watch celebrity who is going through medical complications. The producers set out to document the next stage of the celebrity’s life after moving away from television. What they found, though, as they began the process, was that Williams was struggling far more than many people recognized. The star, it was revealed later, was suffering from a form of dementia that caused her to have less-than-lucid communication and moments where she seemed far more erratic than others.
The documentary provides a look at a star, but it also provides insight into the world of adult guardianships, which her financial advisor was forced to put into place to support her limited ability to make good decisions and her family was unaware of the legal guardianship procedures and could not access Wendy: their mother, daughter and aunt. The goal of the show was originally to showcase Wendy’s triumphant return, but in the end, it shows the harsh reality of life when someone suffers from mental and medical challenges such as alcoholism and dementia.
90% of People Under Guardianships Never Get Out
One of the people interviewed in the documentary is Diane Dimond, the author of “We’re Here to Help: When Guardianship Goes Wrong." She states that there are 2 million people who are in guardianship or conservatorship at any given time in the US. These individuals are some of the most at risk and vulnerable not just to their health needs and decision-making but also to others who may be looking for a way to take advantage of them.
In the film, Dimond states that 90% of adults who are in guardianship never leave them. Most people have heard that Britney Spears, a musical celebrity long known for being under a guardianship by her father, was recently released from it, giving her the freedom she claims she deserves. Yet, for many people, that does not happen. They do not get “better” or become safer to themselves. Therefore, the guardianship must continue on indefinitely.
There are situations where this is not justified, and there are many instances within the justice system where they do not make sense. Yet, it is critical to understand the importance these tools offer for those who do need them.
What Are Adult Guardianship Supposed to Do?
A good starting point when considering adult guardianship is to think about what they are actually supposed to do, rather than how limiting they can be. Most often, these estate planning tools are meant to create protections that do not necessarily limit, but guide the decision making of the person named.
For example, some guardianships are meant to be the least restrictive way of intervening in the life of another person. They require all of the burden of proof of the need for such a legal device to be placed on the shoulders of the person petitioning for it. That is no easy hurdle to overcome. More so, they are supposed to be very exacting and customized to fit the very specific limitations that the court believes a person needs to have in place.
In the establishment of guardianships, it is critical that several factors are considered:
Judges and others must consider what the true limitations of a person actually are and not assume that they cannot manage any aspects of their lives
Create a legal tool that provides clarity on when a guardianship could end and why
The use of plenary guardianships, which are some of the most strict forms, should be limited to those situations where they are absolutely necessary
More so, it is critical to know who is applying for these guardianships and whether or not they have the person’s best interests in mind. Often, this level of scrutiny can minimize the risk of ineffective or unjustified guardianships.
Understanding the Value of Adult Guardianships in Estate Planning
Many of the people who need to use guardianships are older, such as seniors who develop dementia or other health complications that limit cognitive function or make it hard to complete specific tasks such as paying the bills. Others are put in place for individuals with disabilities who cannot make decisions for themselves.
There are numerous types of guardianship that can be put in place based on the specific needs of the individual. Some examples include:
Emergency guardianships allow for the issuing of protection in situations where emergencies exist, and it is necessary to establish one to protect a person or their estate
Guardian of the estate is a type of guardianship that gives authority to the guardian to make any financial decisions.
Guardianship of the person is a form that provides the guardian with the right to make all of the daily decisions of a person and their personal needs except for their financial decisions.
Guardianship of estate and person combine these to provide one person with more control over them.
When there is a clear need for guardianship, and it is justified due to a person’s health or abilities, these tools are critically important. While there are abuses of the system in some areas, there are many ways that these legal tools protect a person’s long-term quality of life.
Do You Have Questions About Adult Guardianship in Georgia?
Reach Out to SmithTaire Legal for a Consultation
At SmithTaire Legal, we know that decisions related to family and adult guardianships are very complex and difficult to make. Contact attorney Jammie Taire online or call (678) 253-8133 to discuss how they may work in your situation.
We help people throughout the metro Atlanta area who need assistance with Estate Planning, Probate and Personal Injury situations.
