“I’m a Slave For You”: Britney Spears’ Battle for Control Over Her Life
James P. Spears, Britney Spears’s father, was appointed conservator of the person and estate of Britney in January 2008[1] after Britney was admitted to UCLA Medical Center on a California Welfare and Institutions Code section 5150 psychiatric hold.[2] Under the conservatorship, Mr. Spears controlled Britney’s personal affairs, including her health care,[3] and he managed Britney’s finances alongside attorney Andrew M. Wallet.[4] As co-conservators of her estate, Mr. Spears’ and Andrew M. Wallet’s powers included the power to “enter and take possession and control of the Conservatee’s residence,” to remove all persons from the residence,[5] and to sign business contracts.[6] The probate court later ordered that Britney did not have the capacity to retain counsel[7] and appointed Samuel D. Ingham III to act as counsel for Britney.[8]
In California, a conservatorship is a court instituted arrangement where an adult or organization, the conservator, serves as the decision-maker for another adult, the conservatee, whom the court has found cannot manager his or her own personal or financial matters.[9] In Britney’s case, the California Court of Appeals stated in 2015 that “the conservatorship was put in place to protect Britney’s health and welfare following her two highly-publicized involuntary hospitalizations.”[10] Leading up to the court’s institution of the conservatorship in 2008, the world witnessed Britney spiral into disaster.[11] However, such behavior – prevalent especially amongst celebrities – should not give rise to stripping Britney of her civil liberties. Such “isolated incidents of negligence or improvidence”[12] are not sufficient to prove “substantial inability.”[13] The court will not grant a conservatorship unless the court overwhelmingly finds “that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.”[14] Most of Britney’s conservatorship has remained confidential in sealed documents not available to the public,[15], thus we do not know the evidence presented in her case or why the court found a conservatorship was the least restrictive alternative necessary.
Conservatorship is supposed to be a last resort. Typically, conservatorship is reserved for elderly people, and some younger people with temporary or permanent mental or physical disabilities.[16] Britney Spears, the “Princess of Pop”[17] who is worth approximately $60 million,[18] thus makes for an unusual conservatee. Since the conservatorship was instituted in 2008, Britney has produced music, performed in a successful Las Vegas residency,[19] sat as a judge on the television series “The X Factor”, and launched multiple commercial product sponsorships.[20] sued Britney and her father for breach of contract. Brand Sense claimed that Britney and her father cut the licenser out of its commissions from Britney’s fragrance sales.[21] Brand Sense sought Britney’s testimony, alleging the case involves agreements and negotiations conducted by her or on her behalf.[22] Although the case settled out of court,[23] and thus Britney never provided the requested testimony, Brand Sense’s filings raised interesting questions about Britney’s control and direct involvement over her own brand. If Britney is so incompetent requiring her to be placed under a conservatorship, how much input could she have really had on the deal and the alleged breach?
We do not know the evidence presented in Britney’s case which led the court to ultimately find her incapable. And it is unclear why her father was appointed conservator or for how long Britney has opposed the conservatorship. However, confidential court records obtained by the New York Times revealed that Britney has always been opposed to the appointment of her father as conservator.[24] And on September 22nd, Britney’s counsel, Matthew Rosengart, filed a petition asking the court to remove her father from serving as the conservator of her estate, citing his removal as a necessary first step towards terminating the conservatorship.[25] Judge Brenda Penny granted Britney’s request and suspended Mr. Spears from serving as conservator, and named John Zabel, a public certified accountant as the temporary conservator of her estate.[26]
The prominent issue then became whether the conservatorship should continue, and namely whether Britney is able to manage her own affairs. Britney had fervently expressed her desire to end altogether the arrangement that has controlled her life for the past thirteen years, [27] and after a court decision on November 12th, her desire has come to fruition: Her conservatorship has ended and without further evaluation.[28]. Experts expected Judge Penny to find such evaluation as necessary for Britney to demonstrate she is capable of managing her health and finances, [29] however, Judge Penny surprisingly ended the conservatorship without a mental health evaluation, despite the history of mental health issues that served as a justification for the initial conservatorship.[30]. Perhaps, Britney’s lucrative career spoke for itself: The conservatorship is no longer required.[31]
Britney is now free from the constraints of her father and the court appointed conservatorship. However, the legal battle is not over. More hearings, subpoenas, and perhaps even investigations will occur to address Mr. Spears’s alleged breaches of his daughter’s privacy and fiduciary responsibilities.[32]. #FreeBritney has won, but has Britney fully won?
Footnotes
