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Can Britney Spears End Her Conservatorship?

August 13, 2021
David Parker, Esq.
Causes of dementia
David Parker, White Plains and New City NY Estate Planning Attorney
David Parker, Esq.
David Parker is an attorney who specializes in Estate Planning and Elder Law and has been practicing law for 30 years. Be it Wills, Trusts, Powers of Attorney, Health Care Proxies, or Medicaid Planning, David provides comprehensive and caring counsel for seniors and their families. A large portion of David’s practice is asset protection strategies so that families do not lose their hard earned savings to nursing home care costs. He also handles probate administration for the settlement of estates.
Britney Spears scored a major victory this week in the fight to end her conservatorship when a judge approved her bid to hire her own legal counsel for the first time since 2008.

The 39-year-old pop star has called the legal arrangement abusive and now faces the tough task of convincing the judge she no longer needs conservators to manage her career and finances.

CBS News' article recent entitled “What does Britney Spears need to do to end her conservatorship?” reports that Britney Spears has promised to put her career on hold until her father, Jamie Spears, is removed from the conservatorship.

Conservatorship is a legal status in which a judge appoints an individual to manage an incapacitated, or incompetent person’s (or a minor's) financial affairs. This person may also serve as a guardian who is responsible for establishing and monitoring the physical care of the individual and managing their living arrangements. In some states, like as California, both roles are called conservatorship, with the guardian role called the "conservator of the person," and the financial role called "conservator of the estate."

Her new attorney, Mathew Rosengart, a former federal prosecutor, must now prove to a Los Angeles judge that Spears is capable and healthy enough to oversee her medical decisions and estate.

Let’s look at what lies ahead in the ongoing court case.

The attorneys representing Britney Spears will first need to file a petition to remove the conservatorship.

If this petition is approved, the judge presiding over the case will schedule a hearing to determine whether the conservatorship arrangement is still required.

The conservatorship was put into place in 2008, while Spears struggled with her mental health.

For Britney to end it, she must prove she is capable of caring for herself, will be able to handle her wealth, and will not be at risk, if the arrangement is removed.

"As a practical matter, what you're looking to show is that she can make decisions for herself," said Kohn. "Most of us don't make decisions in a vacuum. We look to other people we trust for help and support. So the fact that she might need support to make decisions does not mean that she can't make decisions for herself.”

"The other thing you're looking at: is she at substantial risk without the conservatorship in place? Because the mere fact that someone may have difficulty making decisions for themselves does not, by itself, warrant the imposition of a conservatorship. So it's that nexus, if you will, between what she could do and what are her needs."

Reference: CBS News  (July 16, 2021) “What does Britney Spears need to do to end her conservatorship?”


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