This guest post is courtesy of Ashley Hooper, Regent Law 2L, and Fall 2020 Wills, Trusts & Estates student:
In 2008, Britney Spears was admitted to UCLA Medical Center on a psychiatric hold. Following her voluntary admission, the probate court awarded Britney's father, Jamie Spears, temporary conservatorship over the person and estate of Britney Jean Spears. A conservatorship begins when an interested party files a petition with the appropriate court asking the court to appoint a 'conservator' over a person's estate and property. A court will appoint a conservator if it finds by clear and convincing evidence that the person for whose benefit the conservator is sought "is unable to manage the property and business affairs because of an impairment in the ability to receive and evaluate information or make decisions" by a preponderance of the evidence that the person "has a property that will be wasted or dissipated unless management is provided or
money is needed for the support, care, education, health, and welfare of
the" person. Robert H. Sitkoff & Jesse Dukeminier, Wills, Trust, and
Estates 499 (10th ed. 2019). In California, a conservator must petition the
court for a renewal of the conservatorship every year.
Now nearly twelve years later, Britney and her estate are still under
the control of the conservatorship. The controversy over the conservatorship
has sparked the #FreeBritney movement, which has brought much publicity to this court sealed conservatorship. Under the conservatorship, Jamie Spears is given legal rights to oversee Britney's estate and health decisions. He is even able
to negotiate business deals on her behalf and restrict who can see her. He has
reportedly helped his daughter go from being in debt to being worth $60 million
and believes that his removal as a conservator would be harmful to his daughter.
In April of 2019, Britney did a month-long stay at a mental health facility and has since been on an indefinite work hiatus. In August of 2020, Britney filed a request to replace her father as a conservator of her estate permanently, and the Court documents described her conservatorship as "voluntary." See, Britney Spears Refuses to Perform as Dad Remains Co-Conservator of Her Estate, Liz Calvario, November 10, 2020. Contrary to what many fans following the #FreeBritney movement thought, she was not forced to remain under the conservatorship. "This is a voluntary conservatorship, conservatee wishes to exercise her right to nominate a conservator of the estate under Probate Code section 1810," stated the petition filed by Britney's attorney, Samuel D. Ingham, III. See also, A Guide to Conservatorships (and Why Everyone Is Talking About Them), Zoe Haylock, November 11, 2020.
This month, Britney's request to remove her father as a co-conservator
was denied, but at the request of her legal team, the judge did approve adding
a co-conservator, the Bessemer Trust, to her estate. The temporary letters of
conservatorship that were issued have been extended through February 1, 2021.
According to the Associated Press, Britney's lawyer, Samuel Ingham, told the
judge at the hearing, "My client has informed me that she is afraid of her
father. She will not perform again if her father is in charge of her
career." The next hearing over the conservatorship is now scheduled for
December 16th.
Britney will be thirty-nine years old on December 2nd, and the last time
she had full control over her finances and life, she was twenty-seven years
old. At this point in her life, she acknowledges her mental health issues and
need for the conservatorship but has problems with her father continuing the
role of her conservator. While under the conservatorship, Britney does not have
the capacity, as most testators do under freedom of disposition, which provides
a constitutionally protected right for people to be allowed to distribute their
property as they see fit. However, she does have some ability to make decisions
for herself. This decision to remain under a conservatorship is hers, and it
seems reasonable. The Court should respect this decision in the spirit of
Britney’s freedom of disposition.
Furthermore, Britney’s father will not be able to take care of her
forever, and a third-party should take over now before he passes away or is
unable to carry out the duties of a conservator. Currently, this feud between
father and daughter has them not speaking to each other. On the surface, it
seems Britney’s father loves her very much and has committed much of his life
to safeguard and set her up for success, but at this point, his role as her
conservator may need to come to an end.
In my opinion, her
father could do more for her outside of the role of conservator by focusing more
completely in his role as her father, working to repair their relationship
rather than be in Court over this mess. There is wisdom in this thinking, as Proverbs
25:8 states, “Do not hastily bring into court, for what will you do in the end,
when your neighbor puts you to shame?” Whether the Spears’ live by the Bible or
not, I believe God’s words and wisdom still apply. Everyone should avoid Court
if they can because it is so much better for every family to settle things with
love and harmony toward family restoration.
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