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The Conservatorship Of Britney Spears: Crazy? Or Gimme More?

With any conservatorship or guardianship, we always must consider the individual’s right to make mistakes. But of course the question is: at what cost?

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(Photo by David Becker/Getty Images)

Singer, songwriter, and dancer, Britney Spears, has accomplished a lot in her 37 years. A child star born in Mississippi and raised in Louisiana, she has been nominated for hundreds of awards and her list of professional accomplishments includes but is not limited to one Grammy Award, seven Guinness Book of World Records, one American Music Award, and six MTV music awards.

She is revered by fans, lovingly referred to as the Princess of Pop. She has sold over 150 million albums worldwide, making her easily one of the biggest selling artists of all time.  Spears has had six number one albums on the Billboard 200 and five singles reaching number one. She’s headlined concert tours and a Las Vegas show (that may or may not return). By all measures, Spears is a commercial success. Unfortunately, she has not fared as well in her personal life.

Despite her tremendous monetary accomplishments, artistic successes, and relatively young age, Spears has been the subject of a California conservatorship since the year 2008. Spears’s father, Jamie Spears, and attorney, Andrew M. Wallet, were the initially appointed co-conservators charged with managing her financial and personal affairs (Wallet has since resigned). These duties include managing day-to-day expenses, reporting spending to the court, signing business contracts, and even representing Spears’s interests in post-judgment motions with ex-husband Kevin Federline.

In the State of California, a conservatorship is a remedy used when an individual is unable to provide for her personal and/or financial needs. For a property conservator to be appointed, the court must conclude that the individual is unable to manage her financial affairs. This may be the result of a personal disability or the individual’s inability to fight off outside influences or pressures. A conservator of the person ensures that the conservatee has proper food, clothes, and shelter and also can make medical decision on the individual’s behalf.

Spears’s conservatorship (in other states often referred to as a guardianship) came after years of incidents wherein Spears’s inability to manage her personal and financial affairs were unfortunately broadcast in the media. For example, in 2004, she married a childhood friend Jason Alexander for 55 hours. She quickly married (and then divorced) Kevin Federline nine months later. The public witnessed Spears shaving her head, leaving various rehab facilities early, and exhibiting erratic behaviors that suggested the need for intervention. The mother of two sons, her conduct was scrutinized. On the contrary, following the institution of the conservatorship, the public also witnessed a period of stability and serenity. Spears served as a judge on the TV show, X Factor, and performed in her own Las Vegas show for four years that proved extremely successful, both critically and commercially.

The question that is pending before the California court now is one which is often asked in the realm of guardianship court. Does this control need to continue? A conservatorship should be granted only as the least restrictive means. If a conservator is to be appointed, a power of attorney or a trust is not feasible or could not work. In terms of personal management, a court would find that other less restrictive mechanisms are not sufficient to manage the individual’s day-to-day needs.

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A conservatorship often takes the pressures off of the individual so that she can  concentrate on her own issues and improve health and quality of life. It is not unusual for a conservatorship to produce a period of stability and even prosperity. The question that the court will need to decide is whether danger will emerge as a result of the suspension of control. With any conservatorship or guardianship, we always must consider the individual’s right to make mistakes. But, of course, the question is: at what cost?

It would seem that Spears, herself, is asking the California court these very questions.  Throngs of fans are supporting Spears gathering support with the hashtag #FreeBritney. So far, 2019 has been a bit tumultuous for Spears, whose father was hospitalized in January and according to her own social media posting almost died. It has been reported that in recent months, Spears entered a mental health facility. Production on her new Las Vegas show, “Britney: Domination,” has been suspended.

In response to Spears’s request for the end to the conservatorship, the California court has ordered an expert evaluation of the case. It has also been reported that Jamie Spears is seeking conservatorship protections and the recognition of the California proceeding in the States of Hawaii, Florida, and Louisiana, states that his daughter is known to frequent.

It is as if Spears’s 2003 song, “Overprotected,” could be used as her argument in court: “Say hello to the girl that I am. You’re going to have to see through my perspective. I need to make mistakes just to learn who I am. And I don’t want to be so damn protected.” In response, surely Jamie Spears would point out that the lyrics were written a lifetime before the conservatorship and the stability it has brought.

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Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com. 

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