Resolution calling on the New York State Legislature to introduce and pass, and the Governor to sign, comprehensive legislation strengthening protections for individuals subject to guardianship proceedings, to be collectively known as “Wendy’s Law”.

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Res. No. 1192 ..Title Resolution calling on the New York State Legislature to introduce and pass, and the Governor to sign, comprehensive legislation strengthening protections for individuals subject to guardianship proceedings, to be collectively known as "Wendy's Law". ..Body By Council Members Morano, Ariola and Menin Whereas, Article 81 of the New York State Mental Hygiene Law governs adult guardianships and is intended to ensure that any intervention into a person's decision-making authority is the least restrictive alternative necessary to meet their needs; and Whereas, In practice, significant gaps in oversight, due process, and accountability have emerged, leading to widespread concern that individuals placed under guardianship may face unnecessary loss of autonomy, social isolation, financial exploitation, and limited avenues for meaningful review or relief; and Whereas, High-profile cases, including the widely publicized conservatorship of New Yorker Wendy Williams, have spotlighted these systemic failures, raising questions about inadequate legal protections, the lack of transparency surrounding guardian conduct, the ease with which guardianships may be established, and the difficulty individuals face in regaining their rights once placed under such arrangements; and Whereas, A 2024 investigation by ProPublica found that oversight of guardians in New York is "threadbare." In New York City there are only a little over a dozen judges and 157 court examiners responsible for overseeing more than 17,411 guardianship cases; and Whereas, ProPublica also found that in some cases, guardians collected fees from the ward's income even after the ward had died, or continued to be paid despite providing minimal or no services, raising serious concerns about accountability; and Whereas, Proposed legislation should include reforms that would strengthen due process, codify a clear Guardianship Bill of Rights, bolster safeguards against financial abuse, prioritize qualified family members in guardianship appointments, and establish a statewide oversight body; and Whereas, Strengthening due process is essential, including ensuring that individuals facing guardianship proceedings have access to independent legal representation and that guardianship orders are subject to regular, meaningful judicial review to prevent unnecessary or prolonged loss of rights; and Whereas, Protecting the dignity and autonomy of individuals under guardianship requires codifying a clear Guardianship Bill of Rights affirming, among other principles, the right to maintain personal relationships, participate in decision-making where possible, and petition for modification or termination of guardianship; and Whereas, Families and individuals navigating potential guardianship often lack access to reliable information, legal guidance, and supportive services, underscoring the need for a state-funded Guardianship Assistance Program that would help them explore less restrictive alternatives, understand court processes, and obtain social and legal supports; and Whereas, Numerous audits and court reviews have demonstrated the difficulty of monitoring financial practices within guardianships, highlighting the need for stronger safeguards such as detailed, itemized accounting requirements, caps on excessive fees, and prohibitions against financial institutions initiating guardianships without clear judicial findings of incapacity; and Whereas, To preserve family integrity and ensure continuity of care, courts should give priority to qualified family members over professional guardians, unless a demonstrable finding of unfitness or conflict of interest exists; and Whereas, New York currently lacks a centralized statewide entity dedicated to monitoring guardianship practices, investigating allegations of abuse, and ensuring consistent enforcement of standards, making the creation of an oversight body such as an agency or inspector general an essential reform; and Whereas, Legislation implementing these reforms should be collectively known as "Wendy's Law," in honor of Wendy Williams; and Whereas, These reforms would significantly strengthen protections for vulnerable New Yorkers, promote transparency, and create a guardianship system that prioritizes individual rights, autonomy, and accountability; now, therefore, be it Resolved, That the Council of the City of New York calls upon the New York State Legislature to introduce and pass, and the Governor to sign, comprehensive legislation strengthening protections for individuals subject to guardianship proceedings, to be collectively known as "Wendy's Law." EA LS 20613 12/12/25 3 1

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