Civil Law
21.03.24
Where is Wendy: A cautionary tale on guardianship and vulnerability
The media has been abuzz with documentaries uncovering the truth behind the glitz and glamour of celebrities’ lives in recent years. One that made headlines was Where is Wendy Williams? about a well-known former US talk show host known for her outspoken personality and candid interviews.
What started as an exploration of her life turned into a cautionary tale about vulnerability and guardianship. The documentary shed light on the challenges Ms Williams faced behind the scenes, including health issues, substance abuse, and personal struggles.
As viewers delved into her story, it became evident that Williams was a vulnerable person navigating a complex web of fame and personal battles.
One of the most shocking revelations in the documentary was Williams’ experience with guardianship. Guardianship is a legal arrangement where a court appoints a guardian to make decisions on behalf of an individual who is unable to make decisions for themselves due to incapacity.
Williams is not the only American celebrity to be placed under some sort of guardianship, or conservatorship. Actor Amanda Bynes, Beach Boys singer-songwriter Brian Wilson and singer Britney Spears, whose long-running conservatorship was famously terminated in 2021, have all had their right to make their own financial, personal and health decisions handed over to someone else.
While guardianship is intended to protect vulnerable individuals, it can also be fraught with challenges and potential for abuse. In Williams’ case, the documentary highlighted how the guardianship process impacted her life negatively. She was portrayed as someone who was stripped of her autonomy and agency, with decisions about her wellbeing made by others. This loss of control over her own life underscored the vulnerability she faced, especially when dealing with complex health and personal issues.
The Australian Capital Territory (ACT) has specific legislation in place to govern guardianship and decision-making for individuals who are unable to make decisions for themselves. The Guardianship and Management of Property Act 1991 (ACT) outlines the legal framework for guardianship in the ACT.
Under this act, the Guardianship Tribunal has the authority to appoint guardians for adults who are incapable of making decisions about their personal matters or managing their affairs. However, the ACT’s guardianship laws also emphasise the importance of respecting the rights and wishes of the person under guardianship to the greatest extent possible. The tribunal considers the person’s views, preferences and values when making decisions about their care and support.
The act also includes safeguards to prevent abuse of guardianship powers. Guardians are required to act in the best interests of the person under their care, and they must regularly report to the tribunal about their decisions and actions.
In contrast to the experience of Williams and Spears, where their guardianship was portrayed as a loss of control and autonomy, the ACT’s guardianship laws aim to strike a balance between protection and individual rights. The focus is on supporting vulnerable individuals while respecting their dignity and self-determination as much as possible.
An added protection, sections 36A, 36B and 36C of the Crimes Act 1900 (ACT) make the abuse and neglect of a vulnerable person by their guardian a criminal offence. The provisions for guardianship laws in the ACT demonstrate a commitment to balancing protection with individual rights and dignity.
If you need advice in relation to becoming a guardian or think someone you know might be subject to potential abuse, contact one of our civil lawyers, who have extensive expertise in this area, at info@aulich.com.au