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Explained: What is conservatorship and why is Britney Spears under one

A conservatorship is usually granted for individuals when they are considered to have a severely diminished mental capacity.

Updated on: Nov 13, 2021, 04:22:25 IST
By | Written by | Edited by , Hindustan Times, New Delhi
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A Los Angeles court last week denied American pop star Britney Spears’ request to remove her from her father’s conservatorship or guardianship under which she has remained since 2008. The court’s formal ruling, however, is not related to the singer’s plea in court on June 24, calling for an end to the "abusive" conservatorship.

Britney Spears holds her Best Pop Video Award and her Michael Jackson Video Vanguard Award at the 2011 MTV Video Music Awards. (AFP File Photo)
Britney Spears holds her Best Pop Video Award and her Michael Jackson Video Vanguard Award at the 2011 MTV Video Music Awards. (AFP File Photo)

The ruling on June 30 was in relation to a request last year by Spears’ lawyers to remove her father Jamie Spears from the conservatorship and add wealth management firm Bessemer Trust to the conservatorship. The judge approved the company to remain in charge alongside Jamie Spears. Bessemer Trust on July 1 asked the court to withdraw from the arrangement after Britney Spears opposed the conservatorship during her testimony earlier, further complicating the case.

What is a conservatorship?

A conservatorship is usually granted for individuals when they are considered to have a severely diminished mental capacity. The courts intervene in such cases and nominate someone, usually another person from the family, for deciding on financial matters and other major life choices.

According to California’s law, for a “person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter” or for someone “substantially unable to manage his or her own financial resources or resist fraud or undue influence,” a conservatorship, also known as guardianship in some other states, is justified, the Associated Press reported.

Why is Britney Spears under one?

Following her divorce from Kevin Federline in 2007, concerns were raised about Spears’ mental welfare after several incidents. She notably shaved her head and hit a photographer’s car with an umbrella, according to multiple news reports. These along with her erratic behaviours following her divorce led her to lose custody of her two children.

She also once refused to surrender her sons in a stand-off that involved the police and in 2008 was admitted to a hospital twice for a temporary psychiatric assessment ruling, according to the BBC.

How does Spears’ conservatorship work?

Since 2008, she has been under the arrangement wherein Jamie Spears has been responsible for her finances and estate and also for her as a person. In 2019, he stepped down citing health reasons and a care professional named Jodi Montgomery was appointed on a temporary basis.

Also, confidential court records obtained by The New York Times (NYT) showed that the star opposed guardianship more frequently than known. “She feels the conservatorship has become an oppressive and controlling tool against her,” a court investigator wrote in a 2016 report according to the NYT. From who she dated to the colour of her kitchen cabinets, aspects of her life were restricted by the arrangement.

However, in 2020 a judge named the Bessemer Trust as a co-conservator of her estates while declining to remove Jamie Spears. The conservatorship was extended until September 2021.

#FreeBritney campaign

Many fans of the singer disagree with the conservatorship agreement since early days and the #FreeBritney campaign obtained a new vigour in 2019 when she visited a mental health care centre citing emotional distress. She had also abruptly cancelled a Las Vegas residency and said that her father’s illness was the reason for her distress. Many people of the #FreeBritney movement also usually protest and demonstrate outside court hearings, according to the BBC.

Alongside her fans, many celebrities also came out in support of the singer. Notably, her sister Jamie Lynn Spears on June 29, broke her silence regarding the issue and came out in support of Britney Spears.

Britney Spears’ reaction

Spears’ request in early 2021 for a hearing to address the court directly about the conservatorship was one of her open reactions to the issue. “I want to end this conservatorship without being evaluated,” BBC quoted Spears as saying during her address. “This conservatorship is doing me way more harm than good. I deserve to have a life,” she said while talking remotely to the court.

While Jamie Spears’ lawyer said that he was “sorry to see his daughter suffering and in so much pain,” the judge said that Britney Spears’ lawyer could file a petition to end the guardianship, according to the BBC report.

(With agency inputs)

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