On June 23, 2021, pop star Britney Spears made her most public statement to date about the conservatorship she’s been under since 2008. Jamie Spears, Britney’s father, had petitioned for conservatorship after a series of erratic events called Britney’s mental health status into question.
“I’ve been in denial. I’ve been in shock. I am traumatized,” the 39-year-old says in an emotional 23-minute statement she provided to a Los Angeles County Superior Court judge over the phone. “I just want my life back.”
Britney’s case is one of the most famous conservatorship cases in the world. Her plight — caused by what many believe to be an unwarranted conservatorship — inspired the #FreeBritney movement that garnered the support of fellow celebrities and millions of others around the world.
Why does Britney have a conservatorship? To what extent is she controlled by it? What would it take to terminate it?
Keystone Law Group, a leading conservatorship law firm in California, deep dives into Britney’s conservatorship to explain possible reasons why Britney is under conservatorship and the legal mechanisms that are binding Britney.
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Britney Spears Conservatorship Timeline
Definition
What Is a Conservatorship?
A conservatorship is the legal term for when a probate court appoints a responsible person or organization as “conservator” to manage the daily life and/or finances of an individual, or “conservatee,” who is unable to adequately care for themselves due to physical or mental disabilities.
The level of authority a conservator can exercise over a conservatee varies from case to case and depends on the contents of the petition filed, as well as on the judge’s appraisal of the situation.
There are two basic types of conservators:
- A conservator of the estate is appointed to supervise the financial affairs of an individual who is found by the court to be incapable of doing so himself or herself. This may include managing assets, income and public assistance benefits.
- A conservator of the person is appointed to supervise the personal affairs of an individual who is found by the court to be unable, even with appropriate assistance, to meet their most basic personal needs, including food, clothing, shelter, health care, hygiene and safety.
There are three common probate conservatorship types:
- A temporary conservatorship, or emergency conservatorship, is designed to be short term — generally 30 to 60 days. It grants a responsible adult the authority to exercise temporary control over a vulnerable person’s finances and/or health care decisions and essential daily needs.
- A limited conservatorship grants narrow control over certain aspects of a vulnerable person’s life. Persons under limited conservatorships generally can live their day-to-day lives independently, but they need help with important decisions (e.g., whether to get married, whether to consent to a risky medical procedure, where to live). Limited conservatorships are usually reserved for adults with developmental disabilities, mental illness or special needs.
- A general conservatorship grants broad control to the conservator over the conservatee’s personal affairs and/or financial affairs.
What Type of Conservatorship Does Britney Spears Have?
Currently, Britney is under a permanent conservatorship of the estate, or financial conservatorship, with her father Jamie Spears and financial institution Bessemer Trust acting as co-conservators.
Britney is also under temporary conservatorship, with Montgomery, her care manager, acting as conservator of her person. This, however, could change come July 14 when Judge Penny will decide whether or not to grant Britney’s request to make Montgomery’s role as conservator permanent.
Why Does Britney Spears Have a Conservatorship?
In 2008, Britney was placed on a 5150 hold due to a series of events in her life where she demonstrated erratic behavior. The extreme nature of the situation showed Britney faced imminent threat and provided grounds for her father to petition the court for an emergency temporary conservatorship.
Conservatorships are typically granted to protect individuals with severe cognitive impairment, such as elders with dementia and persons with developmental disabilities or serious mental illness. At 39, with a track record of regularly releasing albums and performing, Britney claimed she hardly fit the bill.
“I shouldn’t be in a conservatorship if I can work and provide money and work for myself and pay other people,” she told the court on June 23, 2021. “It makes no sense. The laws need to change.”
Britney also claimed she was prescribed lithium against her will. Lithium is a pharmaceutical mood stabilizer that is commonly used to treat bipolar disorder, a mental illness that can cause episodes of mania and depression. Britney didn’t mention any mental condition when she last spoke to the court; however, some media outlets reported at the time of her 5150 psychiatric hold in 2008 that she was being treated for bipolar disorder.
According to Keystone conservatorship attorney Roee Kaufman, much consideration goes into a judge’s decision about whether to place someone under a conservatorship. In Britney’s case, “At some point along the way there must have been an expert medical opinion introduced into evidence, into court, that was of the opinion that Britney was for some reason unable to handle these things on her own,” he says during a recent NewsNation Now interview.
What Happens Next in Britney Spears’ Conservatorship Case?
The next court hearing in Britney’s conservatorship case is scheduled for July 14, 2021. Britney is asking the court to approve her request to have Montgomery, her longtime care manager who currently acts as temporary conservator of Britney’s person, appointed as her permanent conservator. The judge’s ultimate decision will be based on more than just Britney’s wishes, Kaufman explains.
“The court is obviously concerned with her personal thoughts and opinions on her condition with the conservatorship going forward,” he says. “But, that’s just one factor the courts are going to consider here. So much of this is going to be driven by expert medical opinion of her doctors, her care team and whether they really believe that her mental competency issues, to the extent she’s suffering from any kind of mental illness, are not impacting her ability to manage her person or her finances moving forward.”
“If they still believe that her mental condition renders her unable to make those decisions, there’s a strong possibility that the conservatorship could stay in place.”
As for whether Britney’s father will remain in his role as co-conservator, that will depend on whether there is any evidence of impropriety on his part regarding his management of her assets. It could be an uphill battle for Britney’s legal team to prove conservatorship abuse, considering the value of her estate substantially increased once her father took control of it.
What Can Britney Spears’ Conservatorship Case Teach Us?
The legal battle over who should control Britney’s finances and personal life is playing out on the world stage and placing conservatorships in the spotlight. While Britney’s plight has garnered tremendous media attention, support from other celebrities, and its own movement, it is important to keep in mind that there are two sides to this case.
The court does not take conservatorship matters lightly, as conservatorships severely restrict an adult’s freedom and rights. In Britney’s case, the court will not base its decision on Britney’s or her father’s testimony alone; evidence and the opinions of people who know Britney, from medical experts to Britney’s close acquaintances, will likely be considered.
An important question to ask here is: What don’t we know? What do the sealed court documents reveal about Britney’s mental state? How susceptible is Britney to undue influence?
At the end of the day, the court has more knowledge about the facts of the case than the general public. That is not to say Britney’s conservatorship is warranted, just that there is more to this case than meets the eye. And while there is potential for conservatorship to be used as a vehicle for financial abuse, it can also potentially save a life and protect vulnerable persons against harm.
“Conservatorships are the most effective solution for promptly removing individuals with physical or cognitive limitations from situations that are perilous to their health and lives,” Kaufman says. “Taking the simple step of securing an emergency conservatorship could quite literally save a loved one’s life.”
Call Keystone today with your questions about conservatorship.
If you are concerned about the living situation, health or general welfare of a vulnerable adult in your life, Keystone’s conservatorship attorneys can help you secure a legal arrangement that will protect them from harm
Keystone attorneys may also be able to help dispute a conservatorship. Whatever your conservatorship matter is, the lawyers at Keystone will certainly be able to assist. Contact us to learn more!
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Keystone’s attorneys are experts at explaining the intricate details of conservatorships. To request an interview with one of Keystone’s conservatorship lawyers, contact us.
