Case Spotlights Need For Guardianships

Dementia is increasing, affecting millions of families in the U.S. As it progresses, people struggle with daily tasks, face financial risks, and are more prone to accidents. Families often turn to the legal system for help.

Courts can appoint guardians or conservators to manage affairs for those with severe cognitive decline. While meant to protect them, these arrangements can also limit personal freedom.

Wendy Williams’ Guardianship In 2022, Wells Fargo froze Wendy Williams’ accounts due to unusual activity. She was diagnosed with frontotemporal dementia (FTD) and placed under guardianship. Williams disputes the diagnosis and feels trapped, with limited financial access.

Britney Spears’ Conservatorship Britney Spears was under conservatorship from 2008 to 2021, controlled by her father and legal team. She called it abusive, citing forced work, financial control, and personal restrictions. The #FreeBritney movement led to its termination.

These cases show concerns about guardianship limits. Solutions include:

• Better Oversight: Regular reviews to prevent misuse.

• Legal Help: Access to attorneys for fair treatment.

• Public Awareness: Advocacy can lead to reforms.

FTD affects the brain’s ability to manage personality, behavior, and language. It often appears between ages 45-65. Aphasia makes speech and understanding difficult, sometimes leading to guardianship.

Planning ahead can protect personal choices. Key legal tools include:

• Health Care Directive: Specifies medical preferences.

• Power of Attorney (POA): Appoints a trusted person for decisions.

• Living Will: Outlines end-of-life wishes.

Estate planning ensures control over future care and can prevent unnecessary guardianships.

Williams and Spears’ cases highlight the need for legal protections. An elder law attorney can help with:

• Setting up or avoiding guardianships.

• Medicaid and long-term care planning.

• Protecting finances from fraud.

• Securing disability benefits when needed.

If you have concerns about future planning, give our office a call at 605-275-5665.

Read more: Wendy Williams Case Shines Spotlight on Guardianships