An in-depth look into the guardianship process and what Illinoisans can learn from it
Wendy Williams is synonymous with one of America’s favorite pastimes: messy talk shows. The 61 year-old media personality has long been a fixture in both radio and daytime television, spawning many hilarious memes and reaction images. Unfortunately, the star finds herself at the center of a situation that she once readily covered on her show; as of 2022, she has been under guardianship after a New York court deemed her incapacitated and incapable of managing her own wealth.
The Situation
The guardianship was initiated after a spat with Wells Fargo over concerns that she was being exploited or unduly influenced. In 2024, under the guardianship, Ms. Williams underwent medical testing and was diagnosed with frontotemporal dementia (FTD) and aphasia. Her court-appointed guardian, Sabrina Morrisey, has since had her status challenged by both Ms. Williams’ ex-husband and her immediate family due to claims of suffering “unrestrained abuse, maltreatment, and fiscal malfeasance” under the guardianship. Amidst this turmoil, Wendy wishes for nothing more than to be free from her guardianship, alleging that she did not have dementia and was “in prison,” with her autonomy and control of her life restricted. Her statements to the public sparked the “Free Wendy” movement, echoing the “Free Britney” movement that led to Britney Spears finally being freed from her oppressive conservatorship.
How it Works in Illinois
So how does this tie into guardianship in Illinois? Paraphrased from 755 ILCS 5/11a-2, a disabled adult is a person of legal age who is unable to manage their person or estate due to mental or physical deterioration, mental or physical illness, disability, addiction, or is diagnosed with a form of fetal alcohol syndrome. There are also multiple types of guardianships in Illinois as it pertains to this case:
- Guardian of the person – grants control over the ward’s personal care;
- Guardian of the estate – responsible for the ward’s legal and financial matters;
- Plenary guardianship – grants full guardian powers and duties under IL law;
- Limited guardianship – grants certain limited powers under IL law; and
- Temporary guardianship – granted when necessary for the immediate welfare and protection of the ward, but only lasts up to 60 days.
These options may seem daunting, but rest assured, Illinois law places priority on limiting guardianship powers to what is absolutely necessary so that the ward is under the least restrictive option. Additionally, the courts require that a physician’s report must be conducted within three months of filing the petition for guardianship, ensuring that the decision to impose the guardianship is not baseless.
If Wendy Williams were undergoing this legal scuffle in Illinois, things may look different. Firstly, Illinois has clear statutory definitions and procedures that guide the process. The rights of the ward are also explicitly guaranteed, including the right to notice of a filed guardianship petition, the right to legal counsel independent from the guardian ad litem and the right to contest the guardianship altogether. Lastly, Ms. Williams had a durable POA directive that was not respected, landing her a court-appointed guardian with whom she had no prior relationship.
Key Takeaways
Through the complications surrounding Ms. Williams, we can parse out a couple main issues; namely that of autonomy versus protection and transparency. These issues are ones that Illinoisans can take to heart and compare to their own situations. The need for guardianship must be weighed against the risks of lost autonomy and the health and safety of the ward. Illinois guardianship law naturally places emphasis on the rights and care of the ward, while ensuring that the necessary checks and balances are in place. To take it a step further, individuals should consider having a well-written durable power of attorney, as it can help with the appointment of a guardian should the need arise.
If you or a loved one has questions about guardianship and if it is right for your situation, contact Hays Firm LLC today and we can help you get started.
**Disclaimer**
The content of this blog is for general informational purposes only and does not constitute legal advice. Please consult with a qualified attorney or lawyer for advice specific to your situation.
