Britney Spears (Photo by Jason Merritt/Getty)
Since 2008, pop icon Britney Spears has been the subject of a California conservatorship. Her father, Jamie Spears, and attorney, Andrew M. Wallet, were initially appointed co-conservators charged with managing her financial and personal affairs. Following their appointment, they provided stability to Britney who was greatly suffering from erratic behavior that affected her personally and financially. Wallet subsequently resigned as co-conservator.
After some familial excitement, the Spears family headed back to court last week to litigate whether or not Jamie would continue to serve as financial conservator. Specifically, Britney’s mother, Lynne, made an application for her ex-husband Jamie’s removal as conservator, arguing that he is not doing a good job. The court does not seem to be convinced.
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A court appoints a conservator, in some states known as a guardian, when an individual is unable to provide for her personal and/or financial needs. Spears’s conservatorship followed years of episodes wherein Spears exhibited behaviors that demonstrated her inability to manage her personal and financial affairs. A financial conservator controls one’s financial affairs such as income, investments, contract negotiations, and liabilities. A personal conservator is in charge of personal needs such as medical care, medications, and choice of residence.
The issue before the California courts with regard to Spears is whether or not her father, Jamie, should continue as conservator. Britney’s mother, Lynne, argues that he should not. The court disagreed, although Jamie has since rescinded his role as personal conservator and the case manager he hired to assist him is currently serving as Britney’s temporary conservator as he is facing his own medical issues. Jamie Spears is set to return as personal conservator in January 2020.
In an interesting twist to this family matter, there currently exists a restraining order against Jamie wherein he is prohibited from having any contact with Britney’s children after Kevin Federline, Britney’s ex-husband, filed a police report against the grandfather. Jamie allegedly “violently shook” Britney’s son, Sean, and broke down a door. Ventura County police declined to press child abuse charges as there was not enough evidence of criminal activity. Jamie and Britney are not currently speaking. It is alleged that they were not on good terms prior to the incident with Sean.
For some time, fans have argued for Britney’s freedom using the hashtag #FreeBritney. Britney herself has argued for the rescission of the conservatorship. On social media, Britney recently declared her love for freedom and independence. Britney and her mother claim that she is doing well.
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The recent court proceeding was sealed as it dealt with issues relating not only to Britney, but to her minor children. This most recent foray into the court reveals the complexities of conservatorships and guardianships. In addition to Britney’s own autonomy, the instant proceeding affects her sons and her relationship with them, her ex-husband, her current boyfriend, her parents, her business investments, and also her artistry. The case also highlights the complexities of a conservatorship as it relates to someone who is a public figure. Britney is an icon, often referred to as the “Princess of Pop.” The conservatorship is a delicate balance between letting her express herself and explore her art and making certain that she is safe and stabile. It would seem that part of securing stability is maintaining the status quo, which in this case, is maintaining the conservatorship as it has been operating for several years.
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 [email protected].