Introduction
Global superstar Britney Spears has called for an end to the “abusive” management of her business and personal affairs, telling a Los Angeles court last week “I want my life back!”
For many years the #FreeBritney campaign has been calling for the singer to regain autonomy over her affairs. There was renewed public focus on Britney’s situation this year following the release of ‘Framing Britney Spears’, a documentary that centered on the conflict over the singer’s conservatorship. But what is a conservatorship and why, after 13 years, is Britney now speaking out?
What is a conservatorship?
A ‘conservatorship’ is a court-ordered arrangement in which one person is appointed to make personal and financial decisions for another person, who is unable to make those decisions themselves. The decisions can relate only to the person’s estate (essentially their belongings and finances), or it can be broader and cover the person, their decisions, where they live, their daily activities, employment decisions, etc. A conservator can even decide whether the person can drive!
What is so unusual about Britney’s conservatorship?
Ummmm … everything!
Britney’s conservatorship came about shortly after her public breakdown in 2008. You might recall she was put in a “5150 hold”, a 72-hour mental health lockdown, after which her father, Jamie Spears, was granted emergency “temporary” conservatorship as there were concerns that Britney was (allegedly) unable to manage herself due to mental health.
This temporary conservatorship was extended, and while the specific details are not public (although Britney has asked for parts to be made public), Jamie Spears and Andrew Wallet were co-conservators up until 2019. Currently, her long-time care manager Jodi Montgomery is the temporary conservator, and the conservatorship is currently in place until September 2021 (although it could be extended again).
Britney is not your typical person under conservatorship. Conservatorships are often used for people who have a severe cognitive impairment, such as those with severe dementia or with significant developmental disabilities.
While we don’t know all of the facts, in this case, it does seem unusual that you would have a relatively young person who is capable of going out and undertaking professional activities (such as releasing three albums, numerous TV appearances, a stint on X Factor and performing in a residency in Vegas) who is found to be totally incapable of managing all of her personal, financial, health and property affairs!
In any case, last week Britney came out swinging saying she’s Stronger! and that she’ll no longer Be a Slave 4 U! She told the Court she wants her daddy out so she can take back control of her life.
Seems like a reasonable request when you consider that a conservatorship is only supposed to extend to those areas of the person’s functioning and life that they cannot manage on their own. And think of the money she’d save. According to court documents released in 2018, the conservatorship is costing Britney approximately $US1.1 million per year in legal and conservatorship fees!
What’s the position in Australia?
We don’t have conservatorship in Australia, but we do have guardianship, which is similar.
The NSW Trustee & Guardian government website says, “a person may need a guardian if they have trouble making healthcare, lifestyle and medical decisions on their own because of a decision-making disability.”
Each state and territory have a similar set of ‘guardianship’ laws. Under the Guardianship Act 1987 (NSW) s 14, the NSW Civil and Administrative Tribunal can make guardianship orders for a ‘person in need of a guardian’, defined as someone who, due to a disability (including advanced age), is ‘totally or partially incapable of managing his or her person’.
Conservatorships and guardianships are more comprehensive than a power of attorney, which gives someone authority to manage another person’s financial affairs in certain circumstances (such as, if they go overseas or fall ill) or to delegate authority for medical care.
What does all of this mean for Britney?
Only time will tell what will happen in this case but ending conservatorships (and guardianships) can be difficult.
Conservatorships / Guardianship laws have provisions for seeking the termination of the guardianship and it generally involves the person (or their representative) filing Court documents and asking the Court to end the guardianship.
They generally need to establish (with evidence) that they no longer require a guardian in relation to some or all the matters that are being handled. If the Conservator / Guardian disagrees, they can oppose the application.
For years, the singer herself never commented on the #FreeBritney campaign or the conservatorship battle directly but, if last week is anything to go by, the gloves have now come off and Britney is making a move for freedom.
If you got questions or concerns about this topic, don’t hesitate to contact us. We’ll be glad to provide professional legal advice.