Wendy Williams spoke about living under a court-appointed guardianship in an interview with The Breakfast Club. The iconic radio and television host denied the restrictions in her life were necessary. “I am not cognitively impaired,” stated Williams clearly. “But I feel like I am in prison.”
The 2024 four-part Lifetime documentary “Where Is Wendy Williams?” revealed Williams had been diagnosed with aphasia and frontotemporal dementia. According to the journal Nature Reviews Neurology, “Primary progressive aphasia (PPA) is a disorder of declining language that is a frequent presentation of neurodegenerative diseases such as frontotemporal lobar degeneration.” The Alzheimer’s Association reports, “The nerve cell damage caused by frontotemporal dementia leads to loss of function.”
Understanding guardianship is essential, no matter one’s social or financial status.
Guardianships can occur in anyone’s life. You might be placed under guardianship due to illness or injury. You could also be called to serve as a guardian.
Williams described her surroundings. “I’m in this place where the people are in their 90s and their 80s and their 70s,” Williams continued. She described individuals facing challenges sharing their space. “There’s something wrong with these people here on this floor,” she added. Williams revealed she spent her past three birthdays alone and preferred that to being in the presence of facility residents. “I keep the door closed. I watch TV,” she said.
“I watch the window, you know? And I sit here as my life goes by.” The Breakfast Club host Charlamagne Tha God, who has long-standing personal and professional histories with Williams, alleged she is “trapped.”
“Wendy can make her own decisions. She is not cognitively impaired. She is not incapacitated. She is being taken advantage of,” he told the audience. Williams declared,
“This system is broken.” Williams’ niece, Alex Finnie, who participated in the interview, agreed. “She’s there in New York, in this place, essentially like what some call a luxury prison.”
What Is A Guardianship?
According to the International Journal of Law, Policy, and the Family, “The purpose of legal guardianship is to protect the interests and rights of a person with decreased mental capacity and to ensure they receive the necessary support.” Guardianship laws vary by state.
In New York, where Williams is, “A judge can appoint an Article 81 guardian to help a person manage their personal needs or property or both,” according to the New York Courts.
Guardianships are typically enacted following evidentiary hearings. The purpose of these hearings is “to have the input and background from medical professionals to assist the judge and determine whether or not somebody is incapacitated or incapable,” according to attorney Thalia Dubose.
Dubose commented on the importance of introducing full reports at hearings. “It is paramount, it is imperative, to have a comprehensive report and background of anybody, that the family or court is going to possibly decide on whether or not they are incapacitated or incapable of handling their own medical decisions,” Dubose told Black Health Matters.
What Kind Of Information Is Considered In Guardianship Updates?
Dr. La’Tesha Sampson, PhD, who has been subpoenaed in several guardianship cases, stressed the need for adequate time to be given to medical professionals making reports in guardianship cases. “Many times, the legal profession does not understand the length of time it may take to have a doctor write a comprehensive report,” she said. “They just subpoena things like the notes. Well, I can tell you, as a medical professional, oftentimes in notes, a lot of jargon is used.”
The American Academy of Pediatrics and the Journal of Patient Education and Counseling report that non-professionals can misunderstand and misinterpret medical jargon.
What Challenges Do Guardianships Present?
An article in the Journal of the American Geriatrics Society in 2022 stated, “Guardianship may pose an ethical dilemma for physicians, who must balance protecting vulnerable patients from potential safety concerns with respecting their autonomy.”
In 2016, the Journal of Aging, Longevity, Law & Policy reported that “over the years, the concept of surrogate decision-making has changed to move away from a “best interests” model toward “substituted judgment” standards in which the guardian or other surrogate uses the person’s values and preferences in making choices.”
Williams expressed that her wishes for things, such as the type of hairbrush she wanted to use, were not being honored during the interview.
Why Do You Need To Understand Guardianships?
“To educate yourself, it is to empower yourself,” said Dubose. “You need to have a full understanding of signs to look for when you believe that a parent or a loved one is displaying symptoms of incapacity.”
You must understand how these evaluations are made so you can speak for your loved one if required because the person determining their fate might not understand them.
Finnie expressed that those unfamiliar with her could misinterpret her aunt’s zany personality.
The Journal of the American Geriatrics Society found that “it has been observed that even in situations where a standardized medical tool is available, medical doctors assess mental capacity inconsistently.”
“Medical health is a practice,” said Dr. Sampson, PhD. “It is based on the professional’s clinical assessment of the person at that time. So, I may assess a person at 8 AM, and someone else may assess a person at 8 PM and get two totally different outcomes. This is why it’s so important that people be educated about these issues.”
Dr. Bayo Curry-Winchell, MD, pointed out that the degree to which someone’s cognition can be diminished varies based on their circumstances. “I think it’s very important that it’s individualized because not everybody fits a textbook,” she told Black Health Matters.
She described how treating someone under guardianship requires nuance. “It’s a delicate dance because you want to make sure that that person’s autonomy, who they are, that central core to who they are, is preserved, honored, and recognized,” said Dr. Curry-Winchell, MD.
How Can Being In A Guardianship Affect One’s Mental Health?
Dr. Curry-Winchell, MD, explained why being placed under a guardian can make someone feel imprisoned. “Your rights are taken away, and when that happens, prison is a perfect word to describe the loss of your ability, or your autonomy to do what you would like to do,” she told Black Health Matters.
Dr. Sampson, PhD concurred. “You are essentially stripped of your constitutional rights,” she said in an interview. “People in society don’t understand what that means. You are unable to make any and all decisions regarding every aspect of your life.”
Dr. Sampson, PhD explained what it could feel like to be under a guardian you have no relationship with. “Imagine if every single decision in your life was made by someone else, who is not a family member, who’s not intimately familiar with you, your medical condition necessarily, or anything about your culture, your customs, your beliefs, your values,” she said.
How Are Guardians Chosen?
Guardians are court-appointed. Sometimes, they are loved ones. However, in cases where the court suspects a conflict of interest could harm the person under guardianship, a stranger can be assigned.
Guardianships Can Be Reevaluated
Not all guardianships are permanent. Cognitive abilities can fluctuate in some cases.
“I never want to put someone in a category and say you are this. And that’s how it’s going to be forever,” said Dr. Curry-Winchell, MD. “I think we need to utilize the technology, the medicine, [and] the ability to just make sure that person is really at that level still.”
Finnie indicated Williams’ cognitive abilities had not been tested again. “She hasn’t had, from what I understand, medical evaluation to see if her rights can be restored,” said Finnie during the interview.
How Can Clinicians Help Those In Guardianships?
If a clinician suspects that a guardian is taking advantage of their charge, they are required to speak up. They do not need hard evidence to raise a claim. Dr. Curry-Winchell, MD, shared that clinicians should feel empowered to advocate for their patients. “It’s okay to be wrong. We’re human. But you wouldn’t want to miss out on maybe helping someone, and not every clinician is an expert in everything and when it comes to abuse,” she said.
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