Showing posts with label lawsuit unsealed. Show all posts
Showing posts with label lawsuit unsealed. Show all posts

Monday, July 29, 2024

The Wendy Williams Documentary Raises Critical Questions About Guardianship and Incapacity

 


by Linda Bell

For many reasons, Lifetime’s Wendy Williams documentary was hard for me to watch. 

I will begin this story in the 90s and 2000s. That's when I heard Wendy dishing out hot topics on New York radio stations Hot 97 and later on 107.5 WBLS. Love her or hate her, she always had the streets talking. I’m not one for celebrity gossip, but Wendy had a way of making listeners feel like they were her longtime friends. 

When The Wendy Williams Show debuted in 2008, I was not surprised. It was like seeing a local celebrity of sorts moving onto greater heights. The controversial media personality that reigned in New York’s Tri-State area was now unleashed on the world. Daytime television would never be the same. 

How I Met Wendy Williams

In 2010, I had the pleasure of interviewing Wendy to discuss her successful talk show, her radio career and being the second Black woman inducted into the Radio Hall of Fame. We met at the NASDAQ Marketsite, where she celebrated the second year of her show by ringing the opening bell.  

We memorialized the meeting with the picture above. Wendy joked that we should stand because of “the hilarity of it all.” For context, I am 5 ft 2 and a little over 100 lbs on a good day.🙂 Wendy giggled at how she towered above me in her six-inch heels. (This was before she stopped wearing heels due to lymphedema, a blockage in the lymphatic system that causes swelling in the feet.)

Outspoken, witty, and personable are three words I would choose to describe Wendy. As a writer, I am seldom at a loss for words, yet I only have one word to describe the Where is Wendy Williams? documentary. Disturbing. It never should have seen the light of day.

Wendy’s Struggles Documented 

Lifetime’s four-part documentary gave us a bird’s eye view into Wendy's challenges with alcohol, health issues, and declining cognitive functions.  

I was shocked to hear that four years ago, Wendy had to be rushed to the hospital after she was found unresponsive at her home. Her nephew said she had to receive three lifesaving blood transfusions. Despite this near brush with death, Wendy professes her love for vodka early in the documentary. She later curses her manager when he confronts her about finding an empty vodka bottle in her room. 

It was tough to see how Graves Disease, hyperthyroidism, and lymphedema have affected Wendy’s appearance. In one scene, Wendy says she can only feel 2% of her feet, which are swollen and discolored. “This is lymphedema...Do you see what this looks like?” she said tearfully. 

The documentary is riddled with even more unfortunate scenes, including one where Wendy’s publicist asks her if she wants to attend the Oscars. Wendy, who is synonymous with all-things-celebrity, uttered two simple words that spoke volumes. She paused and asked, “What’s Oscar’s?” with a strained and confused look on her face. 

How is Wendy doin’? Clearly, she is not well. 

Wendy’s Diagnosis Revealed 

Days before the premiere of the documentary, we learned that Wendy suffers from primary progressive aphasia and frontotemporal dementia (FTD)

Aphasia is a condition affecting language and communication abilities, while FTD is a progressive disorder impacting behavior and cognitive functions. Wendy’s son revealed in the documentary that her dementia is caused by excessive alcohol use. 

Wendy has always been open and honest about her struggles with drugs and alcohol. Several unfortunate events in recent years have likely added to her challenges. 

In 2019, her 20-year marriage ended in divorce after her husband fathered a child with his mistress. The same year, the outspoken talk show host tearfully revealed on her show that she was living in a sober house. In 2020, the COVID pandemic brought the world to a standstill, coupled with the death of her mother, Shirley Williams. Two years later, the Wendy Williams Show was canceled after 14 years on the air. Because of health issues, Wendy would not host the final year of her show.

The purpose of the Lifetime documentary was to chronicle Wendy’s return to the airwaves as a podcast host. What we got was anything but. 

Producers say if they had known about Wendy’s diagnosis, they would not have taped the documentary. How could the producers not see that something was wrong and stop filming?

Wendy has been under court-appointed guardianship since 2022 after Wells Fargo said she was a victim of financial exploitation. While her legal guardian tried to block the documentary from airing, the move was denied in court. Where was the guardian while the documentary was being filmed?  

I was also surprised to see that Wendy and her family are listed as executive producers of the documentary. Why did her family sign off on this unfortunate project?

As I searched for answers to my questions, even more questions arose. I soon found myself falling deep into the rabbit hole that is the guardianship system. What I found out was not pretty. 

The Failed Guardianship System 

Guardianship is a legal arrangement when the court appoints someone to make decisions for an incapacitated individual like the disabled or elderly. An estimated 1.3 million adults are under guardianship in the United States, encompassing about $50 billion in assets.

If there is any redeeming value in the Wendy Williams documentary, it’s that it shows the system designed to protect vulnerable Americans is broken. 

Lack of Transparency 

Guardianship cases are often shrouded in secrecy. Not only is there a lack of available data, but states are governed by different laws. In New York, adult guardianships are filed under Article 81 of the Mental Hygiene Law.

Léonie Rosenstiel, author of Protecting Mama: Surviving the Legal Guardianship Swamp, has spent two decades researching problems in the system. Rosenstiel’s mother was placed under court-appointed guardianship after she became incapacitated. 

“One of the things that's really painful for families, is they're very often not given any explanation for what happened,” she says. “It just happens. They’re in the dark and they can't find out why because all the documents are sealed and secret.”

Rubber Stamping Petitions

In most states, anyone can petition the court to appoint a guardian for a person alleged to be incapacitated. That includes government agencies, families, and health care providers.

Diane Dimond, an investigative journalist and author of We’re Here to Help: When Guardianship Goes Wrong, has conducted an eight-year investigation into guardianships. She says one of the flaws in the system is how petitions are sometimes approved without proper consideration.

“For a guardianship to start, someone has to initiate it, go to a lawyer and the lawyer draws up a petition for guardianship. And in that petition, they explain to the court why the targeted person needs protection,” says Dimond. “Judges keenly just rubber stamp those. Okay, good, fine, guardianship. Next case, please.”

Flawed Appointment Process

Additionally, Dimond cites failings with how guardians are appointed. 

Dimond, who has communicated with Wendy’s sister, Wanda Finnie, says that Wanda was asked if she wanted to act as Wendy’s guardian. Wanda said yes and was willing to take the required day-long class in New York. Ultimately, Wanda was not chosen. The court has the discretion to appoint a non-family member, such as a professional guardian or agency for incapacitated individuals.

“That’s what judges across the country are doing, they’re not picking the family member because then the money stays in the family,” says Dimond. “They want to spread it around amongst their cronies.”

Potential Abuse of Power 

A 2023 hearing from the Senate Aging Committee highlighted how exploitation, abuse, neglect, and financial impropriety are unfortunate realities in some guardianship cases. While some well-intentioned, honest guardians exist, their power can open the door to malfeasance.

“The guardian is not just in charge of the money, the guardian is in charge of all medical decisions,” says Dimond. “The guardian can order medications to be given to the person. The guardian can take the person out of their abode and put them in a facility…They can keep the family away. They can take the ward and put them in another state. If a female ward is pregnant, they can order an abortion. These people have complete judicial authority.”

Wendy’s family has complained that they don't have a say in her treatment or know where she is. 

“Guardianship is a system designed to protect the most vulnerable, at-risk people,” says Dimond. “How does it help protect them if you keep them from people who love them? Why is that allowed?

Never-Ending Oversight  

If it's no longer required, courts may terminate the guardianship while the person is still alive, as the Britney Spears conservatorship case demonstrates. However, guardianships typically end when the person dies. Unfortunately, that means Wendy’s rights and the rights of other incapacitated individuals are potentially lost forever. 

“Wendy Williams is now a ward of the court,” says Dimond. “She loses all of her civil rights. She can't vote. She can't spend her own money. She can decide where to live. She can't decide who gets to see her. She can't travel. She can't do anything. And all of her money is put into the name of the guardian. All of her assets or property, her money, her investment, everything.”

The Guardianship Bill of Rights Act was legislation introduced in 2023 to reform the repressive system. The law aims to create a national council advocating for less restrictive alternatives for individuals in or being considered for guardianship. Bills in Florida and Michigan have also been introduced to improve protections for vulnerable adults. 

Fighting Court-Ordered Guardianships 

So where exactly is Wendy Williams a year after filming the documentary? 

She is currently at an undisclosed medical facility receiving care. Dimond was told by Wanda that Wendy is flourishing and showing signs of improvement. Unfortunately, Wendy’s family still doesn’t know where she is. While Wendy can contact them, they can’t contact her. How can this be in her best interests? 

“The mechanism would be to hire a lawyer, hire an expensive lawyer to fight it,” says Dimond. “It’s really hard for these families and any families across the country I've spoken to, to find a lawyer that will take on other lawyers.” 

Dimond notes that as an inheritor of Wendy’s estate, her son could hire a lawyer. However, going that route can be a costly and lengthy endeavor. 

“The guardian now has the right to hire their own lawyer to protect them,” says Dimond. “Wendy Williams pays for that. Wendy Williams will pay for every aspect. Wendy Williams’ estate will pay to fight her own son. As he fights, I don't know where he would get money to hire a lawyer to fight this. He's also diminishing his inheritance. The attorneys and the guardian on Mom's side are draining the money that he would otherwise inherit. There are cases where I've seen millions of dollars spent in fights and then the person dies and there's no money left. It’s all gone.”

Preparing for Incapacity 

As I wrote this article, the personal finance journalist in me was determined to glean financial learnings from Wendy’s situation. 

Rosenstiel notes that while Wendy is only 59 years old, it’s important to discuss incapacity with loved ones well before they become incapacitated. Families can explore implementing advance directives like living wills and healthcare proxies, or powers of attorney and trusts. Signing a power of attorney or other legal document after someone’s cognitive functions have declined can raise red flags, as reportedly happened with Wendy’s son. 

“There are people like Bruce Willis or other people who are getting dementia younger and younger and younger. So you need to have this in place,” says Rosenstiel. “It's not a question of when I get to be 70 I have to sit down and do this. You don't know. You could be in an accident anytime. People are incapacitated, either for a period of time or forevermore. You never know when something is going to happen. You need to have a mechanism in place. And you need to have people use trust.”

When I think about Wendy’s situation, I can’t help but think about my mother and her declining mental capacity near the end of her life. I often wonder what would have happened to her if I wasn’t there. 

I managed my mother’s medical care and finances as her power of attorney, health care proxy, and Social Security representative payee. I made sure those systems were in place well before her mental and physical health declined. 

By taking those critical steps, I was able to tend to all of my mother’s needs. I made sure she remained in her home where she was comfortable. I visited her as many times as I wanted to. I was able to hug her, hold her hand, and see her smile every time I saw her. 

Make sure you can do the same for your loved ones.

Full Article & Source:
The Wendy Williams Documentary Raises Critical Questions About Guardianship and Incapacity

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Wendy Williams

Tuesday, July 23, 2024

Wendy Williams' Family Reportedly Still Have No Access To Her Amid 60th Birthday

by Afouda Bamidele


Wendy Williams
remains out of bounds to her family members as she continues to deal with her health issues.

Things have not improved between the former talk show host and her family, who have still not been able to contact her physically.

Wendy Williams celebrated her 60th birthday out of reach to her family amid her battle with dementia and progressive aphasia.

Wendy Williams' Family Are Rooting For Her On Her Birthday


Despite being denied access to the star, her family declared that she remains in their thoughts and prayers, especially as she clocks a new age, and they wish her nothing but the best through the rest of her journey in life.

According to a source close to the parties, Williams' family has no idea where she is currently staying due to the ongoing litigation and the fact that no provisions have been made to facilitate contact between them.

All these obstacles have not changed her family's admiration for her as the source declared to PEOPLE that Williams "was, is and always will be an icon" to her loved ones.

Her court-appointed guardian, Sabrina Morrissey, has not commented on the new development, although things are currently tense between the celebrity's family and her guardian.

Williams' 60th birthday was celebrated with warm wishes from her colleagues and fans worldwide. Her colleague and commentator Evan Ross Katz penned an emotional tribute to her on Instagram alongside two old pictures of both of them on William's talk show.

"Happy 60th birthday to the unyielding queen of daytime, the icon, the legend, the moment: Wendy Williams. We love you. We miss you. Pop culture just isn't the same without your commentary. Wishing you health and happiness always," Katz wrote in his caption.

The Iconic Talk Show Host's Family Have Tried To Access Her For Over 2 Year


The Williams family's yearning to see the talk show icon began in April 2022 when her court-ordered guardianship program took full effect.

Her sister, Wanda Finnie, noted that she was not informed of Williams' diagnosis after she was admitted to a facility for treatment for cognitive problems.

According to Finnie, they have been in the dark about her health since the fall of 2021, which was also the last time they saw her.

"When she was in Florida, there were a number of people involved. Even beyond family, there were doctors involved, people in Wendy's professional world that were involved," Finnie said, adding that she had her health team and family around her at the time and her health was greatly improving.

Her family continued that the only person who currently has unrestricted access to her is Morrissey, as they wondered how she deteriorated from the healthy Wendy they have always loved to someone who now frequents the hospital.

Finnie questioned the rationale behind the court's preference for a guardianship system over the comfort and solace her family could offer.

"I don't know. I do know that this system is broken. I hope that at some point, Wendy becomes strong enough where she can speak on her own behalf," concluded Williams' family in their statement to PEOPLE.

Williams' Ex-Husband's Severance Payment Dispute With Her Guardian


Morrissey is performing excellently at her job of fiercely protecting Williams, and as proof of that, she demanded her estranged husband return $112k to the show host account back in April.

Per The Blast, Morrissey explained in her filing that Kevin Hunter was paid that amount for three months, indicating excess severance payment, which made him "unjustly enriched "by Williams' bank.

The flaw needed to be corrected because "Wendy Williams Show" stopped paying the former host in October 2021, and Hunter received payment till January 2022 due to a possible autopay prompt put in place by Williams' bank.

She continued that the payment defaulted the express terms of the estranged couple's settlement agreement, which stated that payments would stop if her income was reduced to less than double her then-yearly income as of February 2020.

Morrissey confirmed that Hunter has thus interfered with the 60-year-old's right of possession to those funds by holding on to the overpaid balance.

Williams' guardian did not stop there, she also demanded that Hunter pay back interest gained on the fee, adding that the court placed a gag order on him to prevent him from talking to the press or anyone about their legal proceedings.

Hunter And Williams Dissolved Their Union In 2020


The couple, who were married for 21 years, ended their marriage in 2020 after Williams filed for divorce in 2019, claiming irreconcilable differences caused their split.

The filing also clashed with the birth of Hunter's daughter with his mistress, Sharina Hudson, which we believe the news of her pregnancy may have contributed to the decline of their marriage.

Williams reportedly paid Hunter a huge sum of money in divorce settlement and a severance payment after she had previously doled out $250,000 to assist her ex-husband in finding a new apartment.

Wendy Williams' Guardian Alleged A&E Television Networks Of Exploitation


Not only did Morrissey move to stop the unnecessary flow of money from Williams' account, but she also filed a lawsuit to block the broadcast of the "Where is Wendy Williams" documentary.

The unsealed lawsuit claimed that A&E Television Networks, a subsidiary of Lifetime, "shamelessly" took advantage of a vulnerable Williams and portrayed her "in an extremely demeaning and undignified manner."

The Blast reported that Morrissey affirmed that due to her health issues, Williams lacked the capacity to consent to the terms of the documentary contract, and she remained in that condition, 

However, Morrissey clarified that she initially permitted the docuseries to proceed with filming under the condition that the project would only advance after a review and approval from herself and the court.

However, the documentary's trailer horrified her and was a direct violation of their initial promise to depict Williams positively.

Here's to better days and longer years to the iconic Wendy Williams!

Full Article & Source:
Wendy Williams' Family Reportedly Still Have No Access To Her Amid 60th Birthday

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Wendy Williams

Monday, July 15, 2024

Wendy Williams Doc Is an ‘Exploitation of a Vulnerable Woman,' Lawsuit Claims

Story by Ethan Millman


Wendy Williams' legal guardian claimed that the talk show host was unable to consent to her participation in Lifetimes' Where Is Wendy Williams? documentary that aired last month, according to an unsealed lawsuit obtained by Rolling Stone.

Sabrina Morrissey, acting as Williams' guardian, filed the suit in February just days before the docuseries aired. Morrissey filed the suit, which was sealed until Thursday, in New York seeking to block the project's release - though it aired as planned on Feb. 24 and 25.

In the complaint, Morrissey claimed that Williams, referred in the suit as W.W.H., had signed the contract for the documentary in January 2023, just four months before she was diagnosed with dementia, rendering her incapable of consenting to the project. Williams' team announced the diagnosis two days before the documentary aired.

"W.W.H. is contending with very serious medical issues that have rendered her effectively incapacitated," the complaint said. "She should be allowed to carry out her life and receive required care with peace and dignity, and to work, to the extent she is capable, in a nurturing, supportive and dignified environment. She was not, and is not, capable of consenting to the terms of the documentary Contract, and no one acting in W.W.H.'s best interest would allow her to be portrayed in the demeaning manner in which she is portrayed in the Trailer for the documentary."

Morrissey said the defendants - Entertainment One Reality Productions and Lifetime's parent network A&E - were "unconscionably exploiting" Williams "for perceived entertainment value" and the "prurient interest of television viewers." She added, "This blatant exploitation of a vulnerable woman with a serious medical condition who is beloved by millions within and outside of the African American community is disgusting, and it cannot be allowed."

In a statement to Rolling Stone, a spokesperson for A&E said they "look forward to the unsealing of our papers as well, as they tell a very different story."

An attorney for Entertainment One didn't immediately respond to a request for comment.

Williams hosted her eponymous daytime talk show on Fox for over a decade from 2008 until 2021, with her health a growing question among fans in the final years of the show's run. A Rolling Stone review of the doc called the series "a devastating watch." "Seeing the vibrant, hilarious, and iconic figure no longer be herself is a tough pill to swallow," Brittany Spanos wrote.

Days after the documentary aired, the Where Is Wendy Williams? producers said in an interview that they wouldn't have shot the doc had they known about the dementia diagnosis.

"Of course, if we had known that Wendy had dementia going into it, no one would've rolled a camera," producer Mark Ford told The Hollywood Reporter.

Fellow producer Brie Miranda Bryant added: "The diagnosis that was announced was not the information that any of us had going into it. So, people were watching the journey with information that we didn't have in those first two hours, and I think that's part of the confusion and the upset and outrage."

Full Article & Source:
Wendy Williams Doc Is an ‘Exploitation of a Vulnerable Woman,' Lawsuit Claims

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Wendy Williams

Sunday, June 30, 2024

Wendy Williams’ Unsealed Lawsuit Against A&E Cites ‘Exploitation’ And Inability To Consent

Story by Asheea Smith


Recent court documents filed on behalf of former talk show host Wendy Williams are against Lifetime's parent company, A&E, involving the release of the documentary series, 'Where is Wendy Willams?'      

The docuseries aired as a two-night special, setting sky-high ratings for the network late February. The show detailing Williams' deteriorating mental and physical health and concerning financial situation went on to average 1.2 million viewers over two nights.

Overall, the series received 6.2 million views across linear and digital platforms. The world watched as she struggled with alcohol, family, and the downward spiraling of her unruly fame. 

Per The Hollywood Reporter, Williams' was initially told that the documentary would be "positive and beneficial" to her image.

The complaint, which was unsealed Thursday, claims that A&E's contract to shoot the documentary wasn't valid due to Williams' alleged inability to consent to the series.


"This blatant exploitation of a vulnerable woman with a serious medical condition who is beloved by millions within and outside of the African American community is disgusting, and it cannot be allowed," the document claims. 

"We look forward to the unsealing of our papers as well, as they tell a very different story," A&E shot back in a statement.

The legal battle began when Williams' appointed temporary guardian, Sabrina Morrissey, filed a lawsuit with the New York County Supreme Court against the A&E Network to block the release of the documentary, a matter set for Feb. 27.  

In that filing, Morrissey alleged Williams, 59, was "incapable of managing her own business and personal affairs, and indeed, was placed into a guardianship and under the supervision of this court."


Kannie Yu Lapack, Lifetime's Executive VP and Public Affairs, confirmed to The Hollywood Reporter that the network appeared in person in court and decided to follow through despite the filing. Yu LaPack said, 'Where is Wendy Williams?' will "air this weekend as planned." 

"The Guardian was horrified by the release of the trailer and its contents," the filing alleges, claiming the footage falsey depicts Williams' behavior as a result of alcohol abuse rather than the result of a medical condition.

Williams' team announced her diagnosis of primary progressive aphasia and frontotemporal dementia just days before the launch of the series. 

Producers of the Lifetime series allege they were also shocked by the situation revealed during the documentary's filming and that their intent was to present a behind-the-scenes look into the former talk show host's comeback via a new podcast. 

Full Article & Source:
Wendy Williams’ Unsealed Lawsuit Against A&E Cites ‘Exploitation’ And Inability To Consent

See Also:
Wendy Williams