Showing posts with label guardianship petition. Show all posts
Showing posts with label guardianship petition. Show all posts

Friday, January 12, 2024

Houston Texans Owner is Fighting Son's Claims That She's Incapacitated and Needs Guardian



HOUSTON (AP) — The owner of the Houston Texans is fighting efforts by one of her sons to have her declared incapacitated and have a guardian appointed for her, according to court records.

The news of infighting among the family comes as the Texans, who won the AFC South this season, get ready to host the Cleveland Browns on Saturday in their first playoff appearance since the 2019 season.

Robert Cary McNair Jr. filed his application for appointment of a guardian for Janice McNair, 87, in November with probate court in Harris County, where Houston is located. The application, which details his reasons for why he is seeking to have her declared incapacitated, was temporarily sealed last month by a judge.

In court documents filed last month, attorneys for Janice McNair and her son Cal McNair, who is chairman and CEO of the Texans, said the McNairs were “shocked” by Cary McNair’s “drastic and unwarranted measures of alleging his mother is incapacitated, seeking to terminate her rights, and appoint himself as her guardian to control her personal, financial, and medical decisions. Ms. McNair and Cal are firmly against any allegation or implication that Ms. McNair is incapacitated or needs a guardianship.”

In a two-page affidavit, Janice McNair, who became the principal owner of the Texans after her husband, Robert “Bob” McNair, died in 2018, asked that all court records in the case be sealed to protect her confidential personal, financial and medical information.

“The details of this family dispute becoming public will have a serious impact on the Texans,” she said. “It will create a needless and baseless media stir regarding the ownership and direction of the Texans, thereby negatively affecting our employees, business partners and the team.”

Judge Jerry Simoneaux held a hearing Tuesday on the request to seal the records and on Wednesday issued an order asking for additional information before making a final ruling. The judge kept Cary McNair’s guardianship application temporarily sealed.

Attorneys for Janice McNair, Cal McNair and Cary McNair did not immediately respond to emails seeking comment Wednesday. Texans spokesman Omar Majzoub said the team had no comment on the situation.

Source:
Houston Texans Owner is Fighting Son's Claims That She's Incapacitated and Needs Guardian

Sunday, March 27, 2022

'Where is my money?': Wendy Williams posts rambling tearful video demanding access to her own bank accounts as manager she fired in February files to be her legal guardian and take control of her finances

By Adam Manno and James Gordon

Wendy Williams posted a rambling video to her Instagram account on Wednesday afternoon as she pleaded with Wells Fargo bank to 'give back her money'.  

During a three minute long rant she called out her former financial adviser from Wells Fargo, Lori Schiller, and her former manager Bernie Young, 75, whom she fired earlier this year. 

'My thing is that I've been asking questions about my money and suddenly Lori Schiller has got no response regarding my money. I want my money, it's not fair and Wells Fargo has no questions and answers with regarding my money. This is not fair and Lori Schiller and Wells Fargo have this guardianship petition about keeping me away from my money, this is not right!' the 57-year-old TV host began.

'I know for a fact that Bernie Young used my American Express card to hire an attorney to file a petition against me that was done with my American Express card. This is not fair anymore,' Williams continued, as she appeared to tear up as she spoke of the alleged actions of her former manager.

'You're no good and this is not fair at all,' she said as she blasted Young.

'Then there's this person. This… a former doctor… had medical information about me that I never even got! It was sent over to Lori Schiller. So I haven't gotten this stuff,' she claimed, briefly touching on her health issues.

'All I wanna know is where is my money? This is not right and certainly not fair,' Williams continued to repeat. 'Wells Fargo has used all the stuff to create guardianship over me. The New York court system is being weird to me.

'Without evidence, they took all of this information and continued with what's going on with me, based on what Well Fargo is doing,' she claimed.  

'This is not fair....Wells Fargo please let me have access to my money this is not right and again this is not fair, have a pleasant day thank you.'  

Williams, 57, also alleged her former manager
Bernie Young, 75, pictured, used her own
American Express card to hire an attorney to
file a petition against her
On Wednesday, it was revealed how Williams' ex-manager had filed to be her legal guardian.

According to The Sun, Young filed papers in New York court about two weeks ago in a case that was sealed despite him no longer being her manager and wanting 'nothing to do with him.' 

The bank has claimed that Young was in fact acting in her best interests.  

Williams had filed an emergency petition against the bank in order to regain access to her accounts which are alleged to contain millions of dollars.

That bid has also been combined into her main guardianship case.

Wells Fargo had described Williams as an 'incapacitated person' who is the possible 'victim of financial exploitation.' The case was then sealed to the public. 

Last month, a lawyer for her bank, Wells Fargo, sent a letter to New York County Supreme Court Judge Arlene Bluth seeking a hearing to discuss her finances. 

Williams's former financial advisor, Schiller, claimed that Williams was 'of unsound mind', which led to Wells Fargo blocking the New Jersey-born presenter's access to her accounts in mid January. 

Williams's lawyers disputed Schiller's claim and accused Wells Fargo of overstepping their authority. A lawyer for the bank later clarified that it wanted a 'temporary guardian or evaluator to review the situation and ensure that [Williams'] affairs are being properly handled.'


The bank 'has strong reason to believe' Williams is 'the victim of undue influence and financial exploitation,' according to a filing obtained by Page Six

Williams said  during an interview last Thursday that the bank froze her account for two months, preventing her from accessing her funds or paying her bills and mortgage.

Williams's fans haven't seen the host in her famous purple chair since July 2021. 

The Wendy Williams Show, which was syndicated and airs on Fox-owned stations, was scheduled to return last September for its 13th season.

Williams' return was delayed, and eventually cancelled for the rest of the season, after her team said she was 'experiencing serious complications as a direct result of Graves' disease and her thyroid condition.' 

Graves' disease is an immune system disorder that results in hyperthyroidism. The disease often results in irritability, fatigue, weight loss, rapid heartbeat and bulging eyes, according to the Mayo Clinic.

Since taking a break, Williams has been spotted being led by hand into her New York City apartment while wearing hospital socks and in a wheelchair.

On Thursday, she made it clear there is nothing to worry about.

'Health is very well. And I've actually had a few appointments. You know, I'm 57 now and I have the mind and body of a 25-year-old,' she said.

Last month, production company Debmar-Mercury announced that The Wendy Williams Show would be officially cancelled after a string of guest hosts, including Whitney Cummings and Michael Rapaport, filled in for the legendary gossiper.

A spokesman for Williams said she was assured that 'should her health get to a point where she can host again and should her desire be that she hosts again that she would be back on TV at that time.'

'I'm very comfortable. You know, my partners with the show, everybody's ready,' Williams said Thursday on an interview with Good Morning America, though she later clarified she might need extra time.

'Well, give me about three months. There are private things that I have to deal with and then I'll be ready to come back and be free and ready to do my thing.' 

'I want to spend more time with my family. And, you know, working out and waiting for the responses to my money situation and Wells Fargo. And they don't like that,' she said.

A member of Williams' team hopped on the phone to explain the situation further.

'There was an individual internal to Wells Fargo that Wendy worked with. 

'Wendy wanted to have her son begin to come in and have a little bit more say so and get a little bit of knowledge as to the inner runnings of Wendy Williams, so the person that was there was going to be losing some of the access to Wendy that she had prior and I don't think that she liked that,' the team member said.

An insider source told The Sun that health the health problems she is battling mean that she is 'not the same' personality that presented her long-running TV show.

'The spark is gone. That Wendy, who for ten years had that spark in her eyes, that cheeky grin and that little wink is not the same now. 

'She's not always functioning like she used to be. She has days where she needs help eating, getting out of bed and getting dressed. There are people who Wendy knows, who have worked closely with her, and there are days that she has no idea who they are,' the insider noted.

Full Article & Source:

Sunday, November 24, 2019

Becoming a Guardian in Pennsylvania

What do you do if you believe a family member or a friend has become unable to care for themselves or their finances? This is a very stressful and troubling question that, unfortunately, many people end up asking themselves.

In some instances, the individual has an estate plan in place. This might include a power of attorney, or other directive, that indicates who will make important decisions for the individual in the event that they are unable to do so. Sometimes, there is no estate plan, but the individual does not have the capacity to execute estate planning documents, including a power of attorney. All is not lost.

Pennsylvania courts have the authority to appoint a guardian to care for a person that the court determines is incapacitated. Generally speaking, a person is incapacitated when they lack the ability to care for and/or make decisions for themselves. A guardian can be an individual, agency, or entity. The guardian can be appointed to be responsible for the individual’s physical health and safety (a guardian of the person) and/or to manage the individual’s finances (a guardian of the estate).

In order for you to be appointed as a guardian, or to have someone else appointed as a guardian, a petition must be filed with the court. Petitions can be filed on an emergency basis if circumstances require the appointment of a temporary guardian.

In all cases, a hearing will be held before a judge who will determine whether the individual is incapacitated, and whether a guardian should be appointed. Once appointed, the guardian will have the legal authority and duty to assist the incapacitated person with their daily activities and making financial decisions.

Full Article & Source:
Becoming a Guardian in Pennsylvania

Friday, December 14, 2018

Tim Conway Dementia? Famed Comic Moved Seven Times From Rehab to Hospital

Cedars Sinai Medical Center
Tim Conway, who underwent brain surgery in September, has been moved seven times in 12 weeks between rehabilitation centers and Cedars-Sinai Medical Center, according to papers filed this week by the entertainer’s court-appointed attorney.

Conway is currently being cared for at Windsor Terrace Healthcare Center in Van Nuys, according to Michael Harris’ Tuesday court filing. Conway remains at the center of a dispute between his wife, Charlene, and her stepdaughter over whether he needs to be placed under a conservatorship. Kelly Conway maintains her father suffers from dementia. The actor-comedian turns 85 on Saturday.

Charlene Conway maintains that her husband does not need the protection of a conservatorship, but that if a judge is inclined to find to the contrary, she should serve the role and not her stepdaughter. Trial is scheduled for Friday before Los Angeles Superior Court Judge Robert Wada on whether a permanent conservatorhip should be established and, if so, who should be appointed.

On Sept. 14, Wada rejected Kelly Conway’s petition for a temporary conservatorship, finding that her concerns about her stepmother’s medical decisions regarding her father were moot at the time because he was hospitalized Sept. 3 and underwent brain surgery.

After brain surgery, Conway was released to the Beachwood Post-Acute & Rehab facility in Santa Monica on Oct. 15, but has been back and forth since then to the hospital and Windsor Terrace, according to Harris’ court papers.

“Kelly Conway contends that Windsor Terrace made the mistakes that caused (her father) to require emergency removal to Cedars for surgery and that returning him to Windsor Terrace is wrong…,” Harris states in his court papers.and, if so, who should be appointed.

He said Kelly Conway wants her father returned to the Villas at Topanga Terrace care facility in West Hills, where she believed he was comfortable and getting good care. But Harris said he visited Windsor Terrace and came to a different conclusion about the facility than did Kelly Conway.

“The facility is apparently well-staffed and properly operated with clean and appropriate surroundings,” Harris wrote.

Conway was bed-ridden and unable or unwilling to talk, but his complexion was good and “his eyes were expressive,” Harris stated in his court papers. “In any event, this (court) proceeding involves at its core two women, both of whom are intent on doing what each believes is best for the interests of Mr. Conway.”

Harris recommends that regardless of the outcome of the legal battle, both women should be given regular visits with Conway and a say in his care and where he lives. He said he is hopeful the two sides can resolve their differences.

On Sept. 14, Wada rejected Kelly Conway’s petition for a temporary conservatorship, finding that her concerns about her stepmother’s medical decisions regarding her father were moot at the time because he was hospitalized Sept. 3 and underwent brain surgery.

After brain surgery, Conway was released to the Beachwood Post-Acute & Rehab facility in Santa Monica on Oct. 15, but has been back and forth since then to the hospital and Windsor Terrace, according to Harris’ court papers.

“Kelly Conway contends that Windsor Terrace made the mistakes that caused (her father) to require emergency removal to Cedars for surgery and that returning him to Windsor Terrace is wrong…,” Harris states in his court papers.

Conway was a performer on “The Steve Allen Plymouth Hour” in the 1950s before landing the role of Ensign Parker on the 1960s comedy series “McHale’s Navy.” In the 1970s, he became a cast member on “The Carol Burnett Show.” He also starred as the title character in the “Dorf” comedy films and voiced the character of Barnacle Boy in the animated series “SpongeBob SquarePants.”

In addition to Kelly, Conway and his first wife Mary Anne Dalton had five other children. They divorced in 1978.

Full Article & Source:
Tim Conway Dementia? Famed Comic Moved Seven Times From Rehab to Hospital

Tuesday, September 4, 2018

Judge Defers Ruling on Tim Conway Conservatorship Amid Dispute Over Care

A Los Angeles judge issued an order Friday preventing ailing actor/comedian Tim Conway from being moved to a different medical facility amid a growing dispute between his wife and daughter over his care.

Los Angeles Superior Court Judge Robert Wada did not immediately rule on a request by Conway’s daughter, Kelly, to be appointed as her father’s conservator. She has argued in court papers that the actor best known for his work on “The Carol Burnett Show” suffers from dementia and is completely unresponsive.

She expressed concern in court papers obtained by the website The Blast that Conway’s wife, Charlene, was planning to move him out of his existing care facility, where he has a private room and receives around-the-clock care. She argued that such a move would be “harmful to his health and life,” according to the court papers.

But Charlene Conway — who married Tim Conway in 1984 — denied in court papers that she has any plans to move her husband. She claims Kelly Conway’s request to be named conservator was based on a shoddy medical report based on “conjecture” and fabrications.

Attorney Michael Harris, who was appointed to protect Conway’s interests in the dispute, wrote in a court filing that he spoke to Charlene Conway, who also told him she had no intention of moving the 84-year-old actor, according to papers cited by The Blast and People magazine.

“Her concern now is for Mr. Conway to receive proper physical therapy so that he can better improve neurologically,” Harris wrote in his court papers. “It is my present belief that Mrs. Conway, my client’s wife, is an adequate and appropriate steward of her husband’s well-being and that her motives regarding Mr. Conway are in his best interest.”

Harris wrote that Conway suffers from “fluid on the brain” and is unable to communicate.

Wada scheduled another hearing in the matter for Sept. 7. But he ordered that “Mr. Conway’s residence shall not change pending the next hearing.”

Kelly Conway issued a statement after the hearing praising the decision.

“We are grateful to the judge for taking this matter seriously by considering all the evidence before making a decision,” she said. “We appreciate the overwhelming support and love we have received from my dad’s friends and fans.”

Questions about Conway’s health and his care prompted comedian and television legend Bob Newhart and his wife, Ginnie, to issue a statement on social media last week, saying, “We have been friends with Charlene and Tim for many years and want to assure you that he (Conway) is receiving the most devoted care.”

Conway was a performer on “The Steve Allen Plymouth Hour” in the 1950s before landing a role on the comedy series “McHale’s Navy.” But he shot to fame with his work on “The Carol Burnett Show,” with his comic antics often causing on-screen bouts of laughter by co-star Harvey Korman.

In addition to Kelly, Conway and his first wife Mary Anne Dalton had five other children. They divorced in 1978.

Full Article & Source:
Judge Defers Ruling on Tim Conway Conservatorship Amid Dispute Over Care

See Also:
Tim Conway, 84, Suffering from Dementia: He's 'Almost Entirely Unresponsive,' Says Daughter

Tim Conway's daughter gets temporary restraining order against his wife over star's care

Sunday, September 2, 2018

Tim Conway's daughter gets temporary restraining order against his wife over star's care

Tim Conway’s wife and daughter are at odds over his medical treatment as the “Carol Burnett Show” star suffers from dementia.

A rep for Conway's daughter Kelly told Fox News Friday she received a temporary restraining order to stop his current wife's plans to move the ailing comic from his current medical facility.

"My brothers and I are extremely happy that the plan to move our dad by his wife has been temporarily stopped by a court order today," wrote Kelly.

"We are grateful to the judge for taking this matter seriously by considering all the evidence before making a decision. We appreciate the overwhelming support and love we have received from my dads friends and fans."

Actor Tim Conway, wife Charlene Fusco and daughter Kelly Conway being photoraphed on August 9, 1983 at Chasen's Restaurant in Beverly Hills, California. (Photo by Ron Galella, Ltd./WireImage)
Actor Tim Conway, wife Charlene Fusco and daughter Kelly Conway being photoraphed on 
August 9, 1983 at Chasen's Restaurant in Beverly Hills, California. (Getty)

The rep added there is an upcoming court date to decide conservatorship.

According to court documents obtained by The Blast, Kelly was seeking a temporary restraining order to stop the comedian’s current wife, Charlene Conway, from moving the 84-year-old to a lesser medical facility.

Kelly alleged Charlene is “planning to move him out of the excellent skilled nursing facility he is currently at,” and place him into a lesser-quality home. She claimed her father cannot “properly provide for his personal needs for physical health, food and clothing” and is “almost entirely unresponsive.”

In the documents, Kelly said her father has his own private room and a caregiver who has been assisting him for the last two years and attends to his needs 24 hours a day. She argued that moving Conway to "a facility without skilled nurses on staff in his current condition will be harmful to his health and life.”

SANTA MONICA, CA - MARCH 13:  Actors Tim Conway (L) and Bob Newhart in the audience at the 2005 TV Land Awards at Barker Hangar on March 13, 2005 in Santa Monica, California.  (Photo by Vince Bucci/Getty Images)
Tim Conway (left) with Bob Newhart in 2005. (Getty)

Conway’s “various medical conditions put him at risk of being a subject of medical emergencies," she added.

Kelly also alleged Charlene’s attempt to move Conway to an “inferior” facility run “contrary to his “special personal and medical needs.” Consequently, Kelly is asking the court to grant the order or at least move up the hearing on the proposed conservatorship to before September 1. She argued Charlene plans to move Conway during the first few days of the month.

The Blast reported a judge has yet to rule on the order. A rep for Kelly told Fox News Thursday she is expected to make a court appearance Friday.

In court documents obtained by People magazine Friday, Michael Harris, who has been appointed to protect Conway’s interest during the ongoing feud between daughter and stepmother, also said the comedian is “unable to communicate” and is “suffering from fluid on the brain.”

“He showed no ability or willingness to talk and no apparent sign that he comprehended the nature of the Conservatorship or any of my statements to him,” alleged Harris, who claimed he made a visit to Conway’s home on Tuesday.

Harris added Charlene is “obviously devoted” to her husband.

“She informed me that her motivation was to work with Jeffrey Cummings MD, a renowned neurologist who is trying to deal with Mr. Conway’s past brain surgeries involving a shunt that failed and later a valve procedure to correct his neurological problems,” Harris explained.

“Her concern now is for Mr. Conway to receive proper physical therapy so that he can better improve neurologically. It is my present belief that Mrs. Conway, my client’s wife, is an adequate and appropriate steward of her husband’s well-being and that her motives regarding Mr. Conway are in his best interest.”

Harris also said Charlene denied Kelly’s claim that she is planning to move him out of his current nursing facility.

“Kelly Conway wants to thank everyone for their outpouring of love and support for her dad and cannot make any statements at this moment due to a pending court date,” a rep for Kelly told Fox News Monday.

Conway had zero experience when he first embarked on his journey to Hollywood. His first credited role was 1964’s “McHale’s Navy” as Ensign Charles Parker.

He continued working in both film and television before he made his mark in “The Carol Burnett Show” as various beloved characters, including the Oldest Man and Mr. Tudball from 1975 until 1978. He won a Golden Globe Award for “Best Supporting Actor.”

Conway, who was a frequent guest, ultimately became a regular in later seasons by popular demand.

Conway continued acting and even voiced the character of Barnacle Boy on the animated series “Spongebob Squarepants.” He made a special appearance on the second season of “30 Rock,” which earned him an Emmy.

Some of his other TV credits include guest appearances on hit shows, such as “Married … With Children,” “Mad About You,” “Glee” and “Two and a Half Men,” to name a few.

His last credited role was that of Dorf, a diminutive Scandinavian from a series of satirical how-to videos, in the 2016 comedy “Chip and Bernie Save Christmas with Dorf.”

Throughout his reign in entertainment, Conway has won six Emmys.

“My ambition was to be a jockey, but at my weight, even the horses were asking me to get off,” Conway joked on his website. “I have seven children, two grandchildren and a puppy. I have been married since 1984, a record for Hollywood.”

Charlene is Conway’s second wife. The couple tied the knot in 1984.

Full Article & Source:
Tim Conway's daughter gets temporary restraining order against his wife over star's care

Monday, August 27, 2018

Tim Conway, 84, Suffering from Dementia: He's 'Almost Entirely Unresponsive,' Says Daughter

Tim Conway is battling dementia.

The 84-year-old Carol Burnett Show star’s daughter Kelly is asking to be appointed conservator of her father and be in charge of his medical treatments, according to court documents obtained by PEOPLE and first reported by The Blast.

Kelly, 56, filed the documents in Los Angeles on Friday, claiming Conway’s wife Charlene is “planning to move him out of the excellent skilled nursing facility he is currently at” and place him in one that won’t give him access to “registered nurses at all times and his 24-hour caregiver and speech therapist (to help with swallowing).”

Kelly also states that Conway cannot “properly provide for his personal needs for physical health, food, and clothing” and is “almost entirely unresponsive.”

She hopes to be granted guardianship so she can also administer her father’s medications herself.

Before making his mark in Hollywood, Conway surprisingly had no experience in the industry.

“I had no professional training. I had a sense of humor and had been in front of a microphone,” Conway said on an episode of The Interviews: An Oral History of Television in 2004.

He starred on McHale’s Navy, co-starred on the 1970s comedy The Carol Burnett Show, acted as the voice of Barnacle Boy on Spongebob Squarepants and even made a special appearance on the second season of 30 Rock, which he received an Emmy for.

He also won a Golden Globe Award for best supporting actor for The Carol Burnett Show, on which he was best known for characters including the Oldest Man and Mr. Tudball.

Conway’s other TV credits include guest appearances on Married… With Children, Mad About You, Glee, Two and a Half Men and Mike & Molly.

Before marrying Charlene in 1984, Conway was married to Mary Anne Dalton from 1961-78.

Together they share seven children: sons Jaime, Tim Jr., Pat, Corey and Shawn and daughter Jackie and Kelly.

Full Article & Source:
Tim Conway, 84, Suffering from Dementia: He's 'Almost Entirely Unresponsive,' Says Daughter