Why conservatorships like the one controlling Britney Spears can lead to abuse

“I’m here to get rid of my dad and charge him with conservatorship abuse,” Britney Spears told a California court on July 14, 2021. She said that he was ruining her life, and in previous testimony she claimed that a team led by her father controlled her schedule, prevented her from having another baby and bullied her. She may soon get her wish after the judge in the case said she could hire her own lawyer, former prosecutor Mathew Rosengart, who plans to file paperwork soon to end the conservatorship on her behalf. To terminate a conservatorship, California law simply requires the filing of a petition demonstrating that it is no longer required. No one has filed this paperwork yet, according to the latest media reports. Spears’ case is unusual: Conservatorships are typically not imposed on someone who doesn’t have severe cognitive impairments, and Spears has toured the world, released four albums and earned US$131 million, all while deemed legally unfit to manage her finances or her own body. But it does illustrate how easily conservatorships can be abused – which is one reason some members of Congress are considering ways to reform the state-run system. More than 140,000 readers get one of The Conversation’s informative newsletters What is a conservatorship? I teach about conservatorships in my course on aging and law and have written extensively about the parent-child relationship. Conservatorships are legal arrangements that give a third party control over someone else. They can be imposed only by a court, and only a court can terminate them. The person put in charge of the person’s affairs is called the conservator, or the guardian in some states. Conservatorships have been around for centuries and are critical legal mechanisms to help… Read More

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Department of Justice rejected the complaint to investigate the obviously abusive Britney Spears Conservatorship

August 18, 2021 US Department of Justice 950 Pennsylvania Avenue, NW Civil Rights Division Disability Rights Section – 1425 NYA Washington, D.C. 20530 Re: Case number: 94490-HGN Violation of due process in Conservatorship of Britney Spears Violation of civil rights in Conservatorship of Britney Spears Individuals under conservatorship are adjudicated to lack capacity. Therefore, all conservatees are guaranteed protections under the Americans with Disabilities Act (ADA). In 2008, a California court placed Britney Spears under conservatorship, granting her father James Spears nearly absolute control over Ms. Spears’ person and estate. The initial conservatorship proceedings were characterized by denial of due process. The ensuing thirteen years of conservatorship have been and continue to be plagued by civil rights violations. These matters fall under the jurisdiction of the Department of Justice in their role of investigating and prosecuting civil rights violations. THE COURT DENIED DUE PROCESS OF LAW The 14th Amendment states the following: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law… DENIED NOTICE OF CONSERVATORSHIP HEARING Probate Code 2250(e)(2) states, (2) Notice of the hearing shall be personally delivered to the proposed conservatee… Media reported that Ms. Spears was not served notice of her initial conservatorship hearing. DENIED RIGHT TO ATTEND CONSERVATORSHIP HEARINGS Probate Code 2250.4 states: The proposed temporary conservatee shall attend the hearing… Media reported that Ms. Spears was not allowed to attend her initial conservatorship hearings. DENIED RIGHT TO COUNSEL OF CHOICE American Civil Liberties Union (ACLU) in their 2021 Amici curiae provided extensive legal argument supporting Ms. Spears’ right to counsel of choice. The 2021 court agreed… Read More

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