Son drops guardian case vs. Texans owner, mom Janice McNair

Associated Press

HOUSTON -- A lawsuit filed by one of the sons of the owner of the Houston Texans that had sought to have her declared incapacitated and have a guardian appointed for her was dropped Monday.

Robert Cary McNair Jr. had filed his application for appointment of a guardian for Janice McNair, 87, in November with a probate court in Harris County, where Houston is located.

But on Monday, lawyers for Cary McNair, along with others involved in the case, filed a motion in which they agreed to jointly drop the lawsuit.

News of the end of the case was first reported by the Houston Chronicle. Jeremy Fielding, an attorney for Cary McNair, told the newspaper the family made the joint decision to address these issues privately.

Fielding said Cary McNair is concerned about his mother's health and that he filed the lawsuit to protect her and not to "control her estate, as his brother Cal has incorrectly suggested."

Attorneys for Janice McNair and her son Cal McNair, who is chairman and CEO of the Texans, had previously pushed back on Cary McNair's claims that the elder McNair was incapacitated or needed a guardian to control her personal, financial and medical decisions. Janice McNair became the principal owner of the Texans after her husband, Robert "Bob" McNair, died in 2018.

"Cal McNair is delighted that the frivolous lawsuit against his mother, Janice McNair, was dismissed today," Paul Dobrowski, Cal McNair's attorney, said in a statement. "He is relieved that she will not be burdened by an unnecessary medical examination nor placed under a repressive guardianship that would restrict her rights. She will continue to be actively involved as founder and senior chairperson of the Houston Texans."

The decision to end the lawsuit came after Judge Jerry Simoneaux ruled earlier this month that Janice McNair would not have to undergo an independent exam to evaluate her mental capacity. Cary McNair's attorneys had asked for the exam, arguing in court that her abilities to conduct business had been affected by a stroke she had in January 2022.

Details of what had prompted the guardianship effort had mostly remained private after some records in the lawsuit were previously ordered sealed by Simoneaux.

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Son drops guardian case vs. Texans owner, mom Janice McNair

See Also:
Houston Texans Owner Janice McNair Fights for her Guardianship as Son Takes Her to Court

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

Houston Texans owner Janice McNair's son testifies she couldn't remember names of grandchildren

Judge rules in favor of Texans owner Janice McNair, denies older son's request for cognitive exam

Her air-ambulance ride wasn't covered by Medicare. It will cost her family $81,739

By Tony Leys, Emily Siner 

The $81,739.40 bill for her mother's air-ambulance ride arrived less than two weeks after she died, Alicia Wieberg said.

Lisa Krantz/KFF Health News

Debra Prichard was a retired factory worker who was careful with her money, including what she spent on medical care, said her daughter, Alicia Wieberg. "She was the kind of person who didn't go to the doctor for anything."

That ended last year, when the rural Tennessee resident suffered a devastating stroke and several aneurysms. She twice was rushed from her local hospital to Vanderbilt University Medical Center in Nashville, 79 miles away, where she was treated by brain specialists. She died Oct. 31 at age 70.

One of Prichard's trips to the Nashville hospital was via helicopter ambulance. Wieberg said she had heard such flights could be pricey, but she didn't realize how extraordinary the charge would be — or how her mother's skimping on Medicare coverage could leave the family on the hook.

Then the bill came.

The patient: Debra Prichard, who had Medicare Part A insurance before she died.

Medical service: An air-ambulance flight to Vanderbilt University Medical Center.

Service provider: Med-Trans Corp., a medical transportation service that is part of Global Medical Response, an industry giant backed by private equity investors. The larger company operates in all 50 states and says it has a total of 498 helicopters and airplanes.

Total bill: $81,739.40, none of which was covered by insurance.

What gives: Sky-high bills from air-ambulance providers have sparked complaints and federal action in recent years.

For patients with private insurance coverage, the 2020 No Surprises Act bars air-ambulance companies from billing people more than they would pay if the service were considered "in-network" with their health insurers. For patients with public coverage, such as Medicare or Medicaid, the government sets payment rates at much lower levels than the companies charge.

But Prichard had opted out of the portion of Medicare that covers ambulance services.

That meant when the bill arrived less than two weeks after her death, her estate was expected to pay the full air-ambulance fee of nearly $82,000. The main assets are 12 acres of land and her home in Decherd, Tenn., where she lived 48 years and raised two children. The bill for a single helicopter ride could eat up roughly a third of the estate's value, said Wieberg, who is executor.

The family's predicament stems from the complicated nature of Medicare coverage.

Prichard was enrolled only in Medicare Part A, which is free to most Americans 65 or older. That section of the federal insurance program covers inpatient care, and it paid most of her hospital bills, her daughter said.

But Prichard declined other Medicare coverage, including Part B, which handles such things as doctor visits, outpatient treatment, and ambulance rides. Her daughter suspects she skipped that coverage to avoid the premiums most recipients pay, which currently are about $175 a month.

Loren Adler, a health economist for the Brookings Institution who studies ambulance bills, estimated the maximum charge that Medicare would have allowed for Prichard's flight would have been less than $10,000 if she'd signed up for Part B. The patient's share of that would have been less than $2,000. Her estate might have owed nothing if she'd also purchased supplemental "Medigap" coverage, as many Medicare members do to cover things like co-insurance, he said.

Nicole Michel, a spokesperson for Global Medical Response, the ambulance provider, agreed with Adler's estimate that Medicare would have limited the charge for the flight to less than $10,000. But she said the federal program's payment rates don't cover the cost of providing air ambulance services.

"Our patient advocacy team is actively engaged with Ms. Wieberg's attorney to determine if there was any other applicable medical coverage on the date of service that we could bill to," Michel wrote in an email to KFF Health News. "If not, we are fully committed to working with Ms. Wieberg, as we do with all our patients, to find an equitable solution."

The resolution: In mid-February, Wieberg said the company had not offered to reduce the bill.

Wieberg said she and the attorney handling her mother's estate both contacted the company, seeking a reduction in the bill. She said she also contacted Medicare officials, filled out a form on the No Surprises Act website, and filed a complaint with Tennessee regulators who oversee ambulance services. She said she was notified Feb. 12 that the company filed a legal claim against the estate for the entire amount.

Wieberg said other health care providers, including ground ambulance services and the Vanderbilt hospital, wound up waiving several thousand dollars in unpaid fees for services they provided to Prichard that are normally covered by Medicare Part B.

But as it stands, Prichard's estate owes about $81,740 to the air-ambulance company.

The takeaway: People who are eligible for Medicare are encouraged to sign up for Part B, unless they have private health insurance through an employer or spouse.

"If someone with Medicare finds that they are having difficulty paying the Medicare Part B premiums, there are resources available to help compare Medicare coverage choices and learn about options to help pay for Medicare costs," Meena Seshamani, director of the federal Center for Medicare, said in an email to KFF Health News.

She noted that every state offers free counseling to help people navigate Medicare.

In Tennessee, that counseling is offered by the State Health Insurance Assistance Program. Its director, Lori Galbreath, told KFF Health News she wishes more seniors would discuss their health coverage options with trained counselors like hers.

"Every Medicare recipient's experience is different," she said. "We can look at their different situations and give them an unbiased view of what their next best steps could be."

Counselors advise that many people with modest incomes enroll in a Medicare Savings Program, which can cover their Part B premiums. In 2023, Tennessee residents could qualify for such assistance if they made less than $1,660 monthly as a single person or $2,239 as a married couple. Many people also could obtain help with other out-of-pocket expenses, such as copays for medical services.

Wieberg, who lives in Missouri, has been preparing the family home for sale.

She said the struggle over her mother's air-ambulance bill makes her wonder why Medicare is split into pieces, with free coverage for inpatient care under Part A, but premiums for coverage of other crucial services under Part B.

"Anybody past the age of 70 is likely going to need both," she said. "And so why make it a decision of what you can afford or not afford, or what you think you're going to use or not use?"

KFF Health News, formerly known as Kaiser Health News (KHN), is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF — the independent source for health policy research, polling, and journalism.

Emmarie Huetteman of KFF Health News edited the digital story, and Taunya English of KFF Health News edited the audio story. NPR's Will Stone edited the audio and digital story.

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Her air-ambulance ride wasn't covered by Medicare. It will cost her family $81,739

Texas advocate warns about the signs of elder abuse, after Port Neches man kills his 69-year-old father

According to Port Neches Police, Birdsong said he had struck his father before out of frustration from dealing with his father's struggle with Parkinson's.

Author: Brett Strahan, Kyle Orr  

PORT NECHES, Texas — 25-year-old Logan Birdsong was arrested and charged with murder Thursday. He admitted to hitting his father three times resulting in the death of 69-year-old Roy Allen Birdsong.  

According to Port Neches Police, Birdsong said he had struck his father before out of frustration from dealing with his father's struggle with Parkinson's. Which is something Media Relations Director of the Department of Family and Protective Services, Melissa Gonzales says happens all too often.  

"People can see the physical signs of what's been happening, so bruises, cuts or scratches or maybe they're afraid, or they're agitated or anxious when they're around a certain person. There is stress added to meeting another person's daily needs," Gonzales told 12News. 

Gonzales says that elderly abuse isn't only restricted to physical violence. It's often neglect that is the most common form of elder mistreatment. 

"Neglect is a lack of necessities they need. Food, clean water, safe shelter, clean clothing. Signs of neglect can be the adult not having the appropriate medication, if their living area is extremely dirty, if their hygiene is very poor or they appear to be losing weight or are very underweight," Gonzales said. 

Financial exploitation is also a common danger in cases such as these. 

"that can look like sudden, unexplained large expenses, or changes to banking habits that are unusual." said Gonzales 

Gonzales says it is important to recognize these signs and know when to get help. 

"You report your suspicions to the Texas abuse hotline and you can reach it 24 hours a day. we don't recommend not taking action because of the what-if's." 

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Texas advocate warns about the signs of elder abuse, after Port Neches man kills his 69-year-old father

62-year-old man charged with elder abuse in Haralson County, sheriff’s office says

Kenneth Wayne Kimball(ANF)

By Atlanta News First staff

HARALSON COUNTY, Ga. (Atlanta News First) - A 62-year-old man is facing multiple charges after abusing an elder person, according to the Haralson County Sheriff’s Office.

62-year-old Kenneth Wayne Kimball was charged with exploitation of an elder person, identity theft and financial transaction card fraud, the sheriff’s office said.

Deputies opened an investigation following a report of financial exploitation and identity theft targeting an elderly person in September 2023. The victim’s family provided evidence to authorities, including financial records, showing a consistent pattern of unauthorized credit card usage and purchases made in the victim’s name without consent from their power of attorney, the sheriff’s office said.

“I commend the family for being so proactive and protective of their loved one. Crimes against the elderly are a bane to our society. Those who prey on our seniors’ citizens must be held accountable for their actions,” said Sheriff Stacy Williams.

Kimball is facing multiple charges including exploitation of an elder person, identity theft, and financial transaction card fraud, the sheriff’s office said.

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62-year-old man charged with elder abuse in Haralson County, sheriff’s office says

Woman pleads guilty to elder abuse charges

Madison Cox pleaded guilty Tuesday to elder abuse charges after police say she admitted to taking photos of patients at Heritage Springs Memory Care near Lewisburg.

 

Author: WNEP Web Staff

UNION COUNTY, Pa. — A woman pleaded guilty Tuesday to elder abuse charges in Union County.

Madison Cox admitted to taking disturbing images of at least 15 patients when she worked at Heritage Springs Memory Care near Lewisburg.

Police say the photos show the residents, most of whom suffer from Alzheimer's or dementia, partially clothed or nude.

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Woman pleads guilty to elder abuse charges

Wendy Williams top 5 documentary bombshells

Former talk show host Wendy Williams was diagnosed with frontotemporal dementia (FTD)

By Tracy Wright

Wendy Williams has largely remained out of the spotlight since her self-titled show was canceled in June 2022, but a new Lifetime documentary attempted to capture Wendy's comeback as she launched a podcast career, only to witness her struggles with alcohol addiction and additional health concerns.

The first two episodes of "Where is Wendy Williams" debuted on Saturday, just days after it was revealed that Wendy was diagnosed with "primary progressive aphasia and frontotemporal dementia (FTD)" in 2023, according to a representative.

Here are five of the biggest revelations from Wendy's documentary:

Wendy Williams documentary explores the rise and fall of the iconic talk show host. (Getty Images)

Wendy's struggle with alcohol addiction: ‘I love vodka’

Throughout the documentary, Wendy's history with alcoholism is apparent. When production asked if she still had a "substance abuse issue," she was candid in her response.

"Well, I love Tito Puente. I love vodka," Wendy said. "And the problem with Wanda is she's my sister. I love Wanda, but she hates that I love alcohol."

Williams noted that her son, Kevin Jr., also disliked that she drank alcohol.

Her longtime friend, Regina Shell, claimed that Wendy's alcohol dependency peaked during the end of her marriage to ex-husband, Kevin Hunter, who fathered a child with another woman while he was still married to Wendy.

Williams entered a treatment facility in 2019, but returned to New York for her show and lived in a sober home while filming.  (lya S. Savenok)

Williams entered a treatment facility in 2019, but returned to New York for her show and lived in a sober home while filming. She entered a wellness center for two months during filming for the documentary, but wasn't sure why she was admitted.

Her manager, Will Selby, would search her home and attempt to throw out bottles of alcohol hidden around her apartment. 

Wendy returned to the public eye for one night in February 2023, and had dinner at Fresco by Scotto in Manhattan with Selby. She ordered alcohol, but Selby privately told the server to change her order to a non-alcoholic version.

When producers asked Williams why she liked to drink, Wendy said, "Because I can. Just because I care for it."

Williams' almost died in 2020

DJ Boof, who starred on "The Wendy Williams Show," remembered being worried about her health when Wendy began filming the talk show from her New York City apartment in 2020 due to the pandemic.

She once lived in a sober home while working on "The Wendy Williams Show" to treat addiction issues. (Getty Images)

Williams received a star on the Hollywood Walk of Fame in 2019. (Getty Images)

Boof recalled Wendy taking strict quarantine measures and isolating herself from the outside world. He would hold up her cue cards behind her ring lights, but said at times she "showed no emotion" while filming. 

"This is not COVID doing this," he remembered of her delayed reactions.

Williams' nephew, Travis Finnie, said that it was DJ Boof who found Wendy unresponsive in her home in May 2020. She was rushed to the hospital where she received three blood transfusions. 

"DJ Boof was there, and he called us crying saying that she was going to die, and she needs help," Wendy's nephew, Travis Finnie said in the documentary. "We called Kevin, who at the time was her medical proxy. He called the ambulance. The ambulance came. My auntie had three blood transfusions and that's the only reason she's alive today."

"From what DJ Boof said, it's the combination of them just letting her sit in bed and drink liquor, and then thinking she's gonna be ready to go."

Boof added, "I just felt like she wasn't the same person anymore."

Wendy's battle with lymphedema 

The former talk show host disclosed her lymphedema diagnosis in 2019. 

The chronic condition refers to tissue swelling caused by an accumulation of protein-rich fluid that's usually drained through the body's lymphatic system, according to the Mayo Clinic. Lymphedema most commonly "affects the arms or legs, but can also occur in the chest wall, abdomen, neck and genitals."

The former talk show host disclosed her lymphedema diagnosis in 2019.  (Getty Images)

Wendy's feet are swollen and she admits she "should be in a wheelchair."

She tried to work out with a personal trainer friend of Selby's, but adamantly disengaged throughout the session and continued to say "no thank you" as he attempted to help her in the gym.

Wendy then reiterated that she can only feel approximately "6 percent" of each foot due to her condition.

Health problems have plagued Wendy for years. In October 2017, Williams fainted during her show after she "overheated" in a Halloween costume. Then, in February 2018, she took three weeks off to deal with issues related to her Graves’ disease and hyperthyroidism.

Wendy can't access any of her money

In 2022, a legal guardian was appointed over her finances and health, and court documents were sealed. Wendy later filed a temporary restraining order against Wells Fargo asking the court to "reopen any frozen accounts or assets" and grant Williams "access to any and all accompanying statements."

In 2022, a legal guardian was appointed over her finances and health, and court documents were sealed. (Bravo/NBCU Photo Bank via Getty Images)

According to Williams' filings to the court, the bank's move reportedly came after Williams' former financial adviser alleged that Williams "was of unsound mind."

"One judge and three doctors say my money is still stuck at Wells Fargo and I’m going to tell you something, if it happens to me, it could happen to you," Williams said in the documentary.

Williams' son, Kevin Jr. was scrutinized for spending her money but, in the documentary, denied that he ever exploited her. "I've never taken [money] without her consent," he said.

"My mom made me power of attorney because at that time the banks started accusing the family of doing things that weren’t true and saying that my mom wasn’t fit to make choices," he said. 

Williams was married to Kevin Hunter for 21 years before they divorced in 2019 after she found out he fathered another child while they were married. (Getty Images)

Wendy has one son, Kevin Jr., with her ex-husband. (Getty Images)

Her nephew, Travis Finnie, who was also helping with her care in Florida, said the bank questioned a $100,000 purchase amount. He recalled Kevin's birthday party that Wendy booked totaling more than $100,000, Kevin's rent was $80,000, and his UberEats bill "probably exceeded $100,000."

"For them to have a court case and rip him away from taking care of his mother, it’s very questionable," Travis said.

When a producer asked if Wendy still supported Kevin Jr., Wendy became emotional and said, "I’ve got so much money. I want it for my son."

Wendy's becoming ‘more aggressive,’ her manager says

Williams' erratic personality is displayed throughout the documentary via simple interactions with her team.

"There are some times when Wendy is just a little bit more aggressive, she's just a little bit more demanding," Selby said. "I don't know what it is. I don't know if there's something special in the water. At the end of the day, she's probably one of the biggest personalities we've seen in quite some time."

He later said, "Wendy being pissed off is normal. She changes her mind all the time.

During one scene, Wendy berated a nail technician while receiving an at-home manicure. After the tech acknowledged that Williams only wanted one coat of polish, Wendy yelled at her to "take that off" of her nails. "Are you stupid," Wendy asked the nail technician. 

Wendy's self-titled show was canceled in June 2022 (Lloyd Bishop)

The talk show host faced the production crew and said, "She's disgusted with me. It's OK. Young, you learn."

In another scene, she barked at her publicist Shawn Zanotti and called her a "dumba--" before telling Zanotti that she needed liposuction.

Moments later, Williams argued with Zanotti about which smoke shop she should purchase her specific vape pen. Zanotti was ordered to return the vape pen multiple times, only for the documentary crew producers to step in and stop filming due to Wendy's erratic behavior.

The 59-year-old television personality was diagnosed with the conditions in 2023, her representatives confirmed in a statement Thursday. On Friday, Williams' representatives shared a personal statement from the talk show host that was facilitated by her care team. 

"I want to say I have immense gratitude for the love and kind words I have received after sharing my diagnosis of Aphasia and Frontotemporal Dementia (FTD)," Williams wrote. "Let me say, wow!  Your response has been overwhelming."

She added, "I continue to need personal space and peace to thrive. Please just know that your positivity and encouragement are deeply appreciated." 

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Wendy Williams top 5 documentary bombshells

Care workers caught by hidden camera abusing elderly woman with dementia

Care workers were caught abusing an elderly woman with dementia after her granddaughters installed a hidden camera in her bedroom. 

Four carers have been charged with ill-treatment and wilful neglect thanks to footage collected by sisters Danielle and Rebecca Hinsley, who installed the camera in Beryl Wall’s Wolverhampton care home. 

They had become suspicious after noting that Mrs Wall’s behaviour had changed and she had bruises on her body.

Source:
Care workers caught by hidden camera abusing elderly woman with dementia

Plattekill woman sentenced for grand larceny

A former home health aide has been sentenced in an elder abuse case, according to the Ulster County District Attorney’s Office.

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Plattekill woman sentenced for grand larceny

Wendy Williams Breaks Silence on Aphasia and Dementia Diagnosis: “Immense Gratitude”

"I continue to need personal space and peace to thrive. Please just know that your positivity and encouragement are deeply appreciated," said Williams in a rare statement, shared by her rep on Friday.

by Carly Thomas

Wendy Williams in 2019 Lars Niki/Getty Images for New York Women in Film & Television

Wendy Williams is speaking out for the first time following her recent primary progressive aphasia and frontotemporal dementia diagnosis (FTD).

A representative for the former talk show host shared a statement from Williams with The Hollywood Reporter Friday: “I want to say I have immense gratitude for the love and kind words I have received after sharing my diagnosis of Aphasia and Frontotemporal Dementia (FTD). Let me say, wow! Your response has been overwhelming. The messages shared with me have touched me, reminding me of the power of unity and the need for compassion.”

The statement continued, “I hope that others with FTD may benefit from my story. I want to also thank the Association for Frontotemporal Degeneration for their kind words of support and their extraordinary efforts to raise awareness of FTD. I continue to need personal space and peace to thrive. Please just know that your positivity and encouragement are deeply appreciated.”

The statement from Jennifer Hanley of Ridge Hill Group comes on the heels of Williams’ care team sharing the news on Thursday that she was officially diagnosed after undergoing medical tests last year.

Her team said in a statement that aphasia, a condition that impacts a person’s speech, and frontotemporal dementia, a disorder impacting behavior and cognitive functions, “have already presented significant hurdles in Wendy’s life.”

The Lifetime docuseries airing this weekend, Where Is Wendy Williams?, is set to chronicle the ex-TV host’s physical and mental decline. The two-night docuseries began filming Williams following the June 2022 cancellation of her hit daytime talk show, and stopped filming Williams when she checked into an unknown facility in April 2023 and went under the care of a court-appointed financial guardian, who had been unknown publicly and to Williams’ family featured in the documentary. Williams remains a credited executive producer on the project, as she has a three-picture deal with Lifetime.

Two days before the documentary’s release, Williams’ court-appointed caregiver was publicly identified to be Sabrina Morrissey, as she filed a lawsuit on Thursday for injunctive relief against Lifetime parent company A+E Networks.

On Friday, the complaint was vacated and a rep for Lifetime confirmed to THR that Where is Wendy Williams? “will air this weekend as planned.” 

Morrissey was appointed caregiver for Williams when, following the cancellation of The Wendy Williams Show, the TV personality’s then-financial adviser alleged in late 2022 in a New York court that she was of “unsound mind,” leading the bank Wells Fargo to petition to have Williams placed under temporary financial guardianship. Williams remains in a facility under Morrissey’s care today and is still unreachable by anyone other than Morissey.

Jackie Strause contributed to this report.

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Wendy Williams Breaks Silence on Aphasia and Dementia Diagnosis: “Immense Gratitude”