The Latest Brew In Britney Spears's Conservatorship

Injunction granted against blogger.

(Photo by David Becker/Getty Images)

Britney Spears has been in the news this week for two reasons. The first involves a viral tweet revealing the coffee machine, Delonghi Magnifica, brewing to what sounds like her hit song Stronger. Less obtuse? The injunction her father, Jamie Spears, just won against a blogger who has vociferously opposed Spears’ conservatorship.

Jamie Spears, who has served as his daughter’s conservator since 2008, sued Absolutely Britney blogger Anthony Elia for an injunction claiming that he and the blog’s social media accounts defamed Jamie and his team by falsely suggesting they were using social media to harm and negatively portray Britney. Elia is a source of the movement often called #FreeBritney which loudly opposes the conservatorship in various online and in-person exhibitions. Various complaints against the conservatorship include human rights violations and arguing that positive comments are removed (but negative comments remain) from Britney’s social media accounts so as to promulgate the idea that Britney requires help and that the conservatorship is necessary.

Jamie Spears also claims to have been the subject of death threats attributable to those who oppose the conservatorship. He asked the court for damages as a result of the harm the conservatorship has experienced, specifically to its business, occupation, reputation, and standing in the community.

The court has ordered Elia to immediately stop his claims against the conservatorship, especially those suggesting the conservatorship is harming Britney. Specifically Elia must stop talking negatively about the conservatorship, republishing, distributing, or disseminating posts.

Jamie Spears has long contended that the conservatorship has provided stability to Britney, who was greatly suffering from erratic behavior that affected her personally and financially. A court appoints a conservator, in some states known as a guardian, when individuals are unable to provide for their needs. That can be personal needs, financial needs, or both.

In the past, the court has considered ending the conservatorship and allowing Britney to be in control of her own decisions. The court, however, has kept the conservatorship in place. In cases of continuing guardianships and conservatorships, there is always the question of whether an individual has recovered from a situation or disability enough to prompt the ending of the conservatorship. Often the subject of the arrangement will argue that she is productive, organized, and safe, and no longer requires the assistance. The opposing argument is generally that the success is attributable to the conservator who has provided stability to the situation. Any successes, a guardian will argue, are due to the positive effect of the arrangement.

Sponsored

Conservator and guardian cases are fact specific. Certainly in Britney’s matter, her conservators would argue that her general stability and artistic and financial successes over the past decade are a result of their involvement. Given her tumultuous history, many business opportunities may not have been presented to her without the involvement of conservators, who provide assurances that she is being protected and supervised. Conversely, how do we know if her successes are the result of others? Perhaps the issues revolving around the impetus for the conservatorship have been resolved. Also, how does Britney feel about the conservatorship? Can it be tailored more so that she retains some, but not all powers?

The answers to these concerns are before the court that retains jurisdiction over the matter. The court will always hear an application to terminate the guardianship and may order medical or other investigations as to Britney’s status. The matter is next before the court in January 2020. Surely the #FreeBritney movement and other Britney (and coffee) fans will look to see if she has indeed become stronger, and to what any improvement is attributable.


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

Sponsored