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Sometimes We Wait

Conservatorship hearing for Britney Spears adjourned until August.

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Britney Spears (Photo by Jason Merritt/Getty)

COVID-19 has greatly affected the legal process. As attorneys we constantly receive notices of court adjournments, video conferences, and telephone calls, in lieu of in-person hearings and filings. In the field of trusts and estates, these changes are felt deeply, as probate and administration matters are delayed, estate settlements postponed, and  guardianships and conservatorships — proceedings that affect those most vulnerable in our society — are rescheduled.

Since 2008, pop superstar, Britney Spears, has been the subject of a California conservatorship. A conservator or guardian is a remedy used when an individual is unable to provide for her personal or financial needs. Spears’s father Jamie Spears, and attorney Andrew M. Wallet were the originally appointed co-conservators charged with managing her financial and personal affairs. In 2019 Wallet resigned, and Spears’s father stepped down in September 2019 due to personal reasons. Jodi Pais Montgomery, a licensed professional fiduciary, is serving as Spears’ temporary guardian.

Court papers signed by Judge Brenda Penny of the Los Angeles County Superior Court indicate that Montgomery will serve as temporary guardian until at least August 22, 2020. On the docket is a hearing to determine the state of the conservatorship which likely includes whether it should continue. Due to COVID-19 and the closing of courts, the hearing, which was supposed to have already occurred, is adjourned due to the risk of spreading the disease during this epidemic. Spears’s proceeding is one of many guardianship hearings adjourned due to COVID-19. Spears, unlike many, has a temporary conservator in place, maintaining the status quo.

Spears’s conservatorship proceeding was commenced following years of erratic incidents such as her 55-hour marriage to Jason Alexander, shaving of her head, tumultuous marriage and divorce from Kevin Federline, and rehab.  Since the implementation of the conservatorship Spears has had periods of success, both personally and professionally. She is the mother two sons, headlined her own Las Vegas show, judged X Factor, is reportedly worth upwards of $50 million, and has had a relationship with Sam Asghari for several years.

Conservatorships, referred to as guardianships in some jurisdictions, can be indefinite or for a set period of time. Often an individual under a conservatorship will petition the court to end or reduce the powers associated with the arrangement. This can be the case after an acute disability ends or when an individual recovers from illness. For chronic or progressive disabilities, it is harder to end. The question that the court will decide is whether danger will emerge as a result of the suspension of  the current arrangement. Has Spears recovered or is she doing well because of the arrangements put in place by the conservator? The court may consider what can be done in order to make the conservatorship as least restrictive as possible.

Court adjournments, even in the age of COVID-19, do not normally make the news. Besides Spears’s tremendous fame and popularity, the existence of a conservatorship for her, now at 37 years old, is of interest to many, whether or not they know her songs or follow her on Instagram. Moreover, Spears’s very public engagement with her fans through social media is constantly placing her in the news and providing fodder for which people can assess whether she needs some kind of supervision. For example, a recent Instagram post revealed that she accidentally burned down her gym by way of unattended candles. Happily, Britney reported, all is well and no one was hurt. That post was followed by news outlets reporting the adjournment of her hearing, reminding us all of how complicated a conservatorship, especially this one, can be.

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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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