Guardianship has been in the news quite a bit recently. Whenever there is controversy related to the guardianship of a celebrity, the mainstream media tends to pay attention. In recent weeks, there have been many parties asking questions about the television talk show host Wendy Williams and her current guardianship.
The guardianship in her case relates to a specific medical diagnosis, frontotemporal dementia, that often correlates to significant cognitive decline. However, recent cognitive tests administered by neutral third parties have shown that decline may not have yet occurred in her case. There are questions, raised by Williams herself, about the accuracy of her diagnosis.
In some scenarios, those who are subject to guardianship can convince the courts to release them and reinstate their legal and financial authority. They do so by proving that they do not meet the legal standard for incapacity. Others can avoid guardianship by proving they do not need the support of others yet.
Who makes that determination when families seek guardianship of vulnerable adults in Texas?
Judges make the final decision
Those seeking guardianship typically need evidence supporting their request. They need medical proof, financial records or expert testimony that supports the claim that an individual cannot safely and effectively manage their own affairs anymore. Medical experts may evaluate an individual, and numerous parties may testify at a guardianship hearing.
However, the final determination about an individual’s capacity to manage their own affairs falls to the judge hearing the case. Those pursuing guardianship generally need evidence that is strong enough to convince a judge that an individual cannot safely and consistently manage their own affairs.
In cases involving degenerative medical conditions, an individual’s symptoms may change from day to day. They may be lucid and communicative one day and dissociative or confused the next day. The Wendy Williams case may play out in the public eye on the East Coast over the next few months. A judge may ultimately decide whether the diagnosis was correct and the guardianship appropriate.
Families often need support when evaluating whether guardianship is appropriate given their circumstances and while collecting evidence to support their assertion in court, and that’s okay. Pursuing guardianship is sometimes the best option available to those worried about a loved one struggling with advanced age or serious medical challenges.
