EXPLAINER: Britney Spears’s conservatorship, and its endgame

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Britney Spears may be on the verge of freeing herself from the conservatorship that has controlled her life and money for nearly 14 years. She successfully ousted her father from the legal arrangement in September, and at a hearing on Friday a judge could end it altogether.

Here’s a look at how conservatorships operate, what’s unusual about hers, and why she and so many fans have worked to #FreeBritney.

How do conservatorships work?

When a person is considered to have a severely diminished mental capacity, a court can step in and grant someone the power to make financial decisions and major life choices for them.

California law says a conservatorship, called a guardianship in some states, is justified 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 who is “substantially unable to manage his or her own financial resources or resist fraud or undue influence.”

LISTEN | Britney Spears inspires bipartisan U.S. bill to reform conservatorships:

6:41Britney Spears inspires bipartisan U.S. bill to reform conservatorships

Inspired by Britney Spears, U.S. lawmakers have unveiled new legislation designed to empower people who have been placed under conservatorships. U.S. Rep. Charlie Crist, a Florida Democrat, tells AIH guest host Susan Bonner what the new bill entails. 6:41

How does Spears’s work?

Spears and Sam Asghari pose at the premiere of Once Upon a Time In Hollywood in Los Angeles on July 22, 2019. The singer said that she was forbidden from having her intrauterine device removed. (Mario Anzuoni/Reuters)

The court closely guards the inner workings of Spears’s conservatorship, but some aspects have been revealed in documents. The conservatorship arranges and oversees visits with her two teenage sons, whose father has full custody. It can take out restraining orders in her name. It has the power to make her medical decisions and her business deals.

She said at a June hearing that she has been compelled to take medication against her will, has been kept from having an intrauterine device for birth control removed and has been required to perform when she didn’t want to.

Who has power over Spears?

The ultimate power in the conservatorship, and the sole power to end it, falls to Los Angeles Superior Court Judge Brenda Penny.

WATCHJamie Spears agrees to step down as conservator of daughter Britney’s finances:

Britney Spears’s father agrees to release control of her $60-million estate

Jamie Spears has agreed to step down from his longtime role as conservator of his daughter Britney Spears’s estate, the pop star’s lawyer said on Thursday. 3:07

Before his suspension, her father, James Spears, had the lion’s share of day-to-day power over his daughter’s choices for 13 years. In 2019, he gave up the role of conservator over her life decisions, maintaining control only over her finances. He has been replaced by John Zabel, an accountant chosen by Britney Spears and her attorney.

Jodi Montgomery, a court-appointed professional, has acted as conservator over her personal matters since 2019.

Why have so many called to #FreeBritney?

Fans and supporters of the pop star protest at the Lincoln Memorial during a ‘Free Britney’ rally on July 14, 2021, in Washington. Rallies have been taking place across the country since the pop star spoke out against her conservatorship in court in June. (Jose Luis Magana/The Associated Press)

Some fans have objected to the conservatorship since shortly after it began. But the movement, and the #FreeBritney hashtag, truly took hold early in 2019, when some believed she was being forced into a mental health hospital against her will.

Tearful fans have felt vindicated by two dramatic speeches she gave this summer, in which she confirmed many of their suspicions.

Why was it imposed in the first place?

In 2007 and 2008, shortly after she became a mother, she began to have very public mental struggles. Hordes of paparazzi aggressively followed her every time she left her house, and she no longer seemed able to handle it.

She attacked one cameraman’s car with an umbrella. She shaved her own head at a salon. She lost custody of her children. When she refused to turn over her boys after a visit, she was hospitalized and put on a psychiatric hold. The conservatorship was put in place within days.

What happens if the judge says it’s over?

Regaining her personal and financial powers after so many years will take some untangling, and the process could take months. Montgomery, along with therapists and doctors, have created a care plan for the transition.

WATCHBritney Spears asks judge to end 13-year conservatorship:

Britney Spears pleads for end to conservatorship

After years of silence, Britney Spears pleaded with a judge to end her court-appointed conservatorship. The star said it allowed her father to control virtually every aspect of her life. 2:02

The singer’s attorney Mathew Rosengart has vowed to pursue an investigation of James Spears’s handling of the conservatorship even after it ends. He could take action in civil court, and has suggested he may even turn over his findings to law enforcement for consideration of criminal charges. James Spears has repeatedly denied any wrongdoing.

Britney Spears would likely hire a team to perform many of the same duties previously performed by the conservatorship. But their decisions would be subject to her approval.





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