Britney Spears' conservatorship shines a light on the legal remedy's harsh reality

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Experts in probate law say the singer's account is well within the realm of how conservatorship works. 'You’re taking away a person’s right to make any decisions over themselves,' one said.

The question for many experts now is why is Britney Spears still in this position?

Salzman said Spears’ celebrity places a spotlight on issues that have dogged thousands of everyday families in the conservatorship system for decades. “It does shine a light on the phenomenon that people don’t know about.” Vivian Lee Thoreen, an attorney for Spears’ father, shared a message from her client Wednesday: “He is sorry to see his daughter suffering and in so much pain. He loves his daughter and misses her very much.”The standard for conservatorship is that the person is at risk of harm because they are unable to manage personal or financial affairs, and that they fail to understand the consequences of that inability.

“The courts tend to want to get the information from the person who is giving them the most articulate response,” Jagiello said. “The person they signed to take control of this person’s life, they’ve already made a determination that this person is the more reliable source of what’s going on, so it’s kind of predetermined.

Salzman was troubled by several aspects of the proceedings from the beginning. One, the judge didn’t allow Spears to hire her own attorney. Two, her court-appointed attorney, according to Spears’ testimony Wednesday, never told her that she could file a petition to terminate the conservancy. And three, against Spears’ objections, the judge did not appoint a neutral conservator but selected her father, with whom she was known to have a rocky relationship.

 

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