How Will #FreeBritney Deal With a 'Ruthless' Probate System? Law Experts Assess

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As the pop star publicly states a desire to 'end' a conservatorship that's been in place since 2008, legal pros analyze her path out of it.

about her desire to end the arrangement, Judge Brenda Penny told Spears' court-appointed lawyer, Samuel D. Ingham III, to file a formal petition. Benny Roshan, chair of Greenberg Glusker's trusts and probate litigation group, says probate code is vague when it comes to termination protocols.

There really isn't a road map here, as conservatorships are generally intended for elderly individuals who can no longer care for themselves or people with incapacitating and irreversible health or mental conditions."Someone who's 39 years old and seems to have her life pretty together, why would that person need to be conserved?" Roshan asks."This has the potential to make some precedent.

Leslie Salzman, a professor at Cardozo School of Law who specializes in conservatorships, says Spears' case is rife with red flags — starting with"why someone who was performing and appearing in public and making very substantial sums of money never had any rights restored" in the arrangement. Salzman also questions why Spears wasn't able to choose her own lawyer and why her father remained at the helm so long if she was opposed to his appointment.

In this case, Roshan says Spears"would absolutely need to make clear to anyone who will listen" that she wants a new attorney."The generational gap between Britney and her counsel alone could justify new counsel who could advocate for her in a manner that best suits her needs," she says.

 

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