This guest post is courtesy of Gretchen Collins, Regent Law 3L, and Fall 2025 Wills, Trusts & Estates student. This post serves as an update to The Conservatorship of Britney Spears (Continues…) post from 2020:
Since this blog’s 2020 post on Britney Spears’ conservatorship, California has reformed its conservatorship system. The #FreeBritney movement was a public outcry that exposed systemic failures in how courts protect the most vulnerable individuals’ autonomy and dignity.
A conservatorship is a legal arrangement in which a court appoints a person (conservator) to manage another person's (conservatee) personal care and/or estate, when that person is deemed unable to manage these matters independently.
The Conservatorship Reform Act, signed into law by Governor Gavin Newsom in September 2021, transformed California conservatorship law in three critical ways. First, conservatees now have the right to hire independent legal counsel to represent their interests rather than relying on court-appointed counsel. Second, it allows interested persons to petition the court and mandates that all prima facie cases of abuse are thoroughly investigated (Cal. Prob. Code § 1851.6). Third, conservators found guilty of abuse of a conservatee now face civil penalties, including a fine of up to $10,000 in addition to other remedies (Cal. Prob. Code § 2112).
Britney Spears’ case sparked these reforms. After petitioning in 2020 to remove her father as conservator, Spears delivered an emotional testimony in June 2021, describing her father’s conservatorship as abusive. That September, exercising rights granted by the Conservatorship Reform Act, she hired her own attorney. In November 2021, after 13 years, Judge Brenda Penny terminated her conservatorship (Britney Spears Conservatorship Explained by a Probate Lawyer, Keystone Law Group, Oct. 2024). Her case brought conservatorships publicity, fueled a public outcry, and encouraged legislators to take action to prevent situations like hers in the future.
Building on this momentum, California introduced Assembly Bill 1663 in 2022, adding two key protections. Courts are required to use the least restrictive means when determining whether a conservatorship is appropriate. A court must evaluate the allegations regarding the prospective conservatee’s capacity and any alternatives available to provide the necessary support before restricting an individual’s autonomy. Courts must also tailor conservatorships for persons with developmental disabilities to that individual’s specific needs. This expressly limits the scope of a conservatorship and requires courts to evaluate the unique circumstances surrounding requests.
Despite these changes, significant gaps remain. Although interested persons may now report abuse, conservatees possess only limited authority to challenge their own conservatorship status. Advocates continue to push for stronger protections, including enhanced oversight, increased funding for investigations, and greater awareness of alternatives. Numerous alternatives exist, including supported decision-making, powers of attorney, and advance directives, all of which provide necessary support without stripping away autonomy. Conservatorships are meant to be a last resort when all other less restrictive means have been examined or exhausted.
The #FreeBritney movement awakened a hunger for justice. The public outcry forced legislators and legal professionals to evaluate their own roles in perpetuating systemic failures. When Spears delivered her emotional testimony, it sparked reform. Media attention brought change to California’s conservatorship law, but its lasting legacy may be in challenging legal professionals to question whether the means accomplish the goal of protecting, rather than controlling, vulnerable individuals.
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