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Britney Spears Conservatorship Update: Live From The #FreeBritney Rally

Hey! Hey! Ho! Ho! This guardianship attorney is not sure if the conservatorship has got to go.

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(Photo by Cori Robinson)

The unfolding of Britney Spears’s conservatorship has introduced the world to a very niche area of state law, one that is not widely reported in the media, nor is it frequently explored in legal reporters or journals. The exception, of course, is when the subject is someone of tremendous fame. Some examples include Casey Kasem, Stan Lee, and of course, Britney Spears. Spears, undeniably one of the greatest pop icons of all time, is the center of a California conservatorship drama wherein she is seeking to terminate the protective arrangement that was established 13 years ago. Spears’s legal issues are reported throughout the world, and much of that has to do with the attention drawn upon it, by the #FreeBritney movement. Most recently, her testimony has been revealed, indicating her allegations of abuse, feelings of sadness and frustration, and her objection to the conservatorship.

I had the opportunity to attend the #FreeBritney rally held at the Los Angeles Courthouse during  the July 14 hearing. It was a seemingly successful day for Britney, as she has reported on her Instagram that the court allowed her to hire her own attorney. It seems rather basic, that one has the right to hire counsel, however, when legal capacity is at play, it is not always a straightforward analysis. Regardless, that Spears is satisfied with her choice in legal counsel is something for her to celebrate. In the past Spears has had court-appointed counsel and it would seem from the reports that she felt her views or wishes were not relayed to the court, or she felt that she could not.  A small step in a long process. Certainly, the result does not mean Spears does or does not need a conservator and, if she does, who should be the appointed fiduciary.

To watch superstar Britney Spears’s conservatorship publicly unfold for more than a decade is a unique experience. To be at a rally regarding a conservatorship is just plain odd. First, Spears was not even in attendance, yet the streets of downtown LA were packed with glitter, signs, cut outs, costumes, the old, the young, just like if any celebrity were in court. Obviously, Spears’s fan base, which includes Rep. Matt Gaetz, who spoke at the rally, elicits attention. Other protests are set for around the county. Spears’s case has even reached Congress, wherein lawmakers like Sens. Ted Cruz, Bob Casey, and Elizabeth Warren are concerned by the issues raised by Spears.

The rally was part  summer camp, part  concert, and part demonstration. Attendees chanted “Hey! Hey! Ho! Ho! The conservatorship has got to go!” — a jingle I never thought I would ever hear, especially outside a courthouse. Spears’s music set the backdrop with colorful signs screaming everything from “Free Britney” to allegations of human rights violations. I am not privy to the facts of this case, and we do not know the evidence that was presented to effectuate a guardianship.

What we do know is the current arrangement is not working for Spears. This happens at times, when a guardian is appointed and when he or she cannot get along with the individual or outside circumstances attack the relationship. For a conservatorship to work, one must be able to work with the conservator, and it is not always easy. It is an inherently difficult relationship, but a good guardian is one who is consistent, listens to the person, and grants them as much choice as possible within the framework of the court’s directive. From what we have heard, the Spears’s arrangement seems to be lacking in these areas, for several reasons that we are not privy to.

Determining who needs a conservator is a fact-specific analysis by a court of law. Regardless, no one can deny the claims of Spears and her heartfelt testimony. Regardless of whether #FreeBritney is on point with the legal issues at play, at a minimum her supporters have urged the court to look into the matter and to listen to the individual. There are cases when people have conservators and are still able to express their feelings and choices. Having personally felt the energy of yesterday’s rally,  I am also reminded that the public is not the finder of fact. Arguments of human trafficking, human rights violations — these are issues to be dealt with in a court of law. Our job as fans or as those who work in the guardianship field, is to be supportive of those like Spears who are in conservatorships  and to make sure that they are getting the attention and respect they reserve. Hey! Hey! Ho! Ho! I am not sure if the conservatorship has got to go, but I do know that we need to be attentive to Spears and all individuals who find themselves within the construct of a conservatorship.

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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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