{"id":26117,"date":"2021-07-19T00:44:00","date_gmt":"2021-07-19T00:44:00","guid":{"rendered":"https:\/\/www.lifeandnews.com\/articles\/?p=26117"},"modified":"2021-07-20T04:09:22","modified_gmt":"2021-07-20T04:09:22","slug":"why-conservatorships-like-the-one-controlling-britney-spears-can-lead-to-abuse","status":"publish","type":"post","link":"https:\/\/www.lifeandnews.com\/articles\/why-conservatorships-like-the-one-controlling-britney-spears-can-lead-to-abuse\/","title":{"rendered":"Why conservatorships like the one controlling Britney Spears can lead to abuse"},"content":{"rendered":"\n

Naomi Cahn<\/a>, University of Virginia<\/a><\/em><\/p>\n\n\n\n

\u201cI\u2019m here to get rid of my dad and charge him with conservatorship abuse,\u201d Britney Spears told a California court<\/a> 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<\/a>, prevented her from having another baby<\/a> and bullied her.<\/p>\n\n\n\n

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<\/a> on her behalf. To terminate a conservatorship<\/a>, California law simply requires the filing of a petition demonstrating that it is no longer required<\/a>.<\/p>\n\n\n\n

Spears\u2019 case is unusual: Conservatorships are typically not imposed<\/a> on someone who doesn\u2019t have severe cognitive impairments, and Spears has toured the world<\/a>, released four albums and earned US$131 million, all while deemed legally unfit to manage her finances or her own body.<\/p>\n\n\n\n

But it does illustrate how easily conservatorships can be abused \u2013 which is one reason some members of Congress are considering ways to reform the state-run system<\/a>.<\/p>\n\n\n\n

What is a conservatorship?<\/h2>\n\n\n\n

I teach about conservatorships in my course on aging and law and have written extensively<\/a> about the parent-child relationship.<\/p>\n\n\n\n

Conservatorships are legal arrangements<\/a> 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\u2019s affairs is called the conservator, or the guardian in some states.<\/p>\n\n\n\n

Conservatorships have been around for centuries<\/a> and are critical legal mechanisms to help people \u2013 often older persons with dementia or other neurocognitive disorders<\/a> \u2013 who are considered unable to care<\/a> for themselves or their finances.<\/p>\n\n\n\n

Conservators are subject to court oversight and are typically required to submit annual reports to the court. And California law \u2013 which is similar to the rules in most states<\/a> \u2013 requires the court to monitor<\/a> each conservatorship to protect against abuse and ensure that the conservator is acting in the best interests of the subject.<\/p>\n\n\n\n

\"A
Britney Spears\u2019 new lawyer, Mathew Rosengart, has demanded her father step down as her conservator. AP Photo\/Chris Pizzello<\/a><\/figcaption><\/figure>\n\n\n\n

Conservators often have broad powers<\/h2>\n\n\n\n

Jamie Spears has been a conservator for his daughter since he was appointed to this role by a California court in 2008<\/a> and has reportedly received at least $5 million in fees<\/a>.<\/p>\n\n\n\n

He has served as both the \u201cconservator of the person\u201d \u2013 able to make decisions about his daughter\u2019s personal needs, including medical decisions \u2013 as well as that of her estate \u2013 able to make financial decisions for her. Currently, he serves only in the second role<\/a>, while Jodi Montgomery, a licensed personal fiduciary and care professional, is Britney Spears\u2019 conservator of the person.<\/p>\n\n\n\n

While the standard in many states is to impose the fewest restrictions<\/a> so the person retains the most rights possible, the powers of a conservator can be broad. And the person subject to one may lose the right to marry, make a will, vote or consent to medical treatment.<\/p>\n\n\n\n

And imposing a conservatorship is not supposed to be easy. California requires \u201cclear and convincing evidence\u201d<\/a> that one is necessary. The law also states that the individual has the right to be represented. The one imposed on Spears, however, was done quickly<\/a>.<\/p>\n\n\n\n

Conservatorship abuse and \u2018anemic\u2019 oversight<\/h2>\n\n\n\n

Broad powers and \u201canemic\u201d oversight<\/a> make conservatorships subject to multiple forms of abuse, ranging from the imposition of unnecessary restrictions on the individual to financial mismanagement. Nothing can be done if no one finds out about the abuse.<\/p>\n\n\n\n

A 2010 U.S. government report identified hundreds of allegations of physical abuse, neglect and financial impropriety<\/a> by conservators. Most of them related to financial exploitation, and that, in turn, often meant that the victim\u2019s family was affected, losing not just expected inheritances but also contact with the person subject to the conservatorship.<\/p>\n\n\n\n

A 2017 New Yorker article on abusive guardians highlighted the case of April Parks<\/a>, who was sentenced to up to 40 years<\/a> in prison for financial conduct related to numerous conservatorships she handled. She was also ordered to pay more than half a million dollars to her victims.<\/p>\n\n\n\n

But beyond these anecdotes, no one even knows the magnitude of the problem. That\u2019s because conservatorships are subject to state law, and each state handles the imposition of them as well as data collection differently. And a 2018 Senate report found that most states are unable to<\/a> report accurate data on conservatorships.<\/p>\n\n\n\n

The National Center for State Courts estimated in 2016 that 1.3 million adults<\/a> in the U.S. are subject to some kind of conservatorship \u2013 representing about $50 billion in assets \u2013 but a previous report suggested the number of cases could be more than double that<\/a>.<\/p>\n\n\n\n

There\u2019s virtually no data on how often conservators misuse their power or when a conservatorship has been improperly imposed.<\/p>\n\n\n\n

\"Fans
The \u2018Free Britney\u2019 movement has played a big role in bringing the issue of Spears\u2019 conservatorship to national attention. AP Photo\/Jose Luis Magana<\/a><\/figcaption><\/figure>\n\n\n\n

\u2018Free Britney\u2019 may lead to reforms<\/h2>\n\n\n\n

However, this may begin to change, thanks to growing publicity of the issue.<\/p>\n\n\n\n

Last year\u2019s Netflix movie \u201cI Care a Lot<\/a>\u201d told the story of a fictionalized abusive guardian played by Rosamund Pike, who won best actress at the Golden Globe for the role. And a 2020 episode of the investigative series \u201cDirty Money\u201d profiled what it alleged was guardian abuse by several lawyers, including one who subsequently filed a lawsuit claiming defamation<\/a>.<\/p>\n\n\n\n

And in February 2021, The New York Times aired \u201cFraming Britney Spears<\/a>,\u201d which documented her \u201cyearslong struggle under\u201d the conservatorship. Times reporters also exposed confidential court records<\/a> that showed Britney Spears has been unhappy with her father since at least 2014. A court investigator in 2016, for example, wrote that the conservatorship \u201chad become an oppressive and controlling tool against her.\u201d<\/p>\n\n\n\n

Now, members of Congress as ideologically opposed as Texas Sen. Ted Cruz and Massachusetts Sen. Elizabeth Warren have joined the \u201cFree Britney\u201d cause<\/a> and are pushing for conservatorship reforms and more data on the legal arrangements.<\/p>\n\n\n\n

[Over 100,000 readers rely on The Conversation\u2019s newsletter to understand the world.<\/em> Sign up today<\/a>.]<\/p>\n\n\n\n

While states have made some improvements<\/a>, such as urging more autonomy for conservatees<\/a> and less restrictive alternatives to conservatorships, reform advocates such as Syracuse law professor Nina Kohn<\/a> say more is needed to protect the rights of individuals and prevent abuse, including stronger oversight.<\/p>\n\n\n\n

Spears may soon find herself free of her conservatorship. Regardless, her situation has already put a spotlight on the potential for abuse \u2013 and it may lead to a better system for those who genuinely need the assistance.<\/p>\n\n\n\n

Naomi Cahn<\/a>, Professor of Law, University of Virginia<\/a><\/em><\/p>\n\n\n\n

This article is republished from The Conversation<\/a> under a Creative Commons license. Read the original article<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Naomi Cahn, University of Virginia \u201cI\u2019m here to get rid of my dad and charge him with conservatorship abuse,\u201d 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 […]<\/p>\n","protected":false},"author":44,"featured_media":26118,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[293,8025],"tags":[2481,10200,1262],"_links":{"self":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/26117"}],"collection":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/users\/44"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/comments?post=26117"}],"version-history":[{"count":2,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/26117\/revisions"}],"predecessor-version":[{"id":26128,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/26117\/revisions\/26128"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/media\/26118"}],"wp:attachment":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/media?parent=26117"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/categories?post=26117"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/tags?post=26117"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}