Guardianship, Conservatorship and Britney Spears

I think that Britney being a 'superstar' had more to do with this than we'd like to think.

Her situation was one of a controlling father who was also happy to be on the chow wagon. She never came across as particularly mentally healthy and the fact couldn't even retain custody of her kids shows she did indeed have a lot of issues.

Also--how much of what you see on the 'news' do you take with a huge grain of salt? Esp when the 'news' is fed to the press from the star's own publicist.

What happens in LaLa Land is NOT precedent for the real world.

I agree with RealyReal that the details in any case of getting guardianship is dependent on the case. In a non-contested case, say a senior with dementia with one child willing to act as guardian, it may be of very little cost. In fact in some states an attorney is not required, and the court will appoint a child with ability to request being guardian and who supplies proof positive that the senior is incompetent to act for self and in danger mentally and/or physically as soon as that child fills out the proper paperwork involved. The only time on Forum I warn of costs is when a senior denies needing care, is not diagnosed as incompetent and a danger to self, and/or there is a fight between siblings as to who will serve. In those cases I warn that a fight in court against the parent they want to conserve or with other siblings will run them to 10,000 quickly. Which it will. And warn them as well that in cases of siblings trying to fight over an elder with money the court may rule out ANY/ALL family and appoint a Fiduciary of the court to act for the senior, taking any and all control from the siblings. This I have discussed with social workers in my own hospital who have witnessed it and have been called to testify in court.

I think that gaining guardianship is as individual as a case of dementia. To many variables to tell anyone from an anonymous forum, with limited data what it will be.

It could be time consuming, or it can be quick and easy but always costly when attorney's are involved, it depends on the individual situation and the factual mental state of the individual facing losing their autonomy.

Brittany Spears had a very public nervous breakdown and a scuzzy daddy, both worked against her to her detriment. She wasn't allowed to hire her own counsel and that IMO, is the true issue with this case, which isn't representative of the average Joe case of seeking guardianship.

I don’t have any detailed or inside information about Britney Spears’ issues, just what has been reported in the news here. For example, https://www.abc.net.au/news/2021-11-14/britney-spears-shines-light-on-america-conservatorship-laws/100605612 My interest is simply the difference between the news statements and the comments on this site. You can read these under Care Topics ‘Guardianship’ articles and posts. Perhaps the cost and proof problems encountered with our posters’ elderly parents, have arisen because either the parents or another family member has opposed the application – but that’s not how it all reads. It reads as though it always involves difficult and expensive legal action, even when it’s a sensible option to cope with the absence of the right paperwork.

There is interest in this here in Oz, but my own work experience has been limited to issues relating to young women with intellectual disabilities being stopped from pregnancy. Tubal ligation has been ordered as requested by parents when young women couldn’t cope with hygiene for menstruation. Court litigation about the best interests and rights of adult and child has occurred when a young woman wanted a baby but did not appear to be capable of caring adequately for a child.

My question was whether the site comments are really the way it is with elderly parents? I’ve repeated the site's ‘difficult and expensive’ line in replies to posters, and don’t want to do it again if it’s not correct.

I expect Amy Winehouse's Dad must sometimes wish he'd found it so easy.

In my state guardianship and conservatorship are completely different. Conservatorship is over all finances and assets, guardianship is for everything else, medical, residence decision, etc.

I can easily see BS goes through her fortune quickly and easily ending up destitute. We see that with professional athletes way too often.

Court documents revealed by the New York Times in June showed the star was given an allowance of $2,000 per week, while her father's salary as conservator was about $16,000 per month, plus money for office space rental and a percentage of various deals signed for his daughter.

https://www.bbc.com/news/world-us-canada-53494405

Alva, the biggest issue that kept daddy spears in control was he had the authority to hire Brittany's lawyers and doctors. Obviously he hired ones to support his cause.

Not really that informed, but I have never heard of a conservatorship or guardianship taking away a person's right to date or remove a intrauterine device for contraception???

The news must be messing with us.

Wouldn't it be nice if Brittany Spears could now have some privacy, that is if she wants it. And if anything should be public, it could be her work in the entertainment industry. But then, she could retire with millions.

In the case of Brittany Spears, she had a bipolar breakdown, and was doing drugs, rendering her incapacitated to make decisions for herself.
(as I understand it, but did not follow it from a fan viewpoint).

As Cwillie pointed out, it should have been for a time, limited, or reviewed.

She must have had the wrong doctor(s) and lawyers.

Even a person in jail has rights to a review by a parole board.
It must have had a lot to do with the stigma attached to mental illness.

Just speculation, from MSM, not to be taken as truth.

I have seen, as a nurse in the US, temporary guardianship and conservatorship done within about 15 minutes via social workers with doctor orders and diagnoses. Done by phone with a judge. To keep this intact the conservator would have to go to court with an attorney, and would require testimony of a person's inability to function for his or herself due to dementia or mental illness, and that this constitutes a danger to the person's self or to others. A lawyer would be provided if the elder or the ill person doesn't have one.
What do you know about the specifics under which Ms. Spear's Dad got conservatorship? Just curious Margaret, as it isn't a case I ever followed then or now. So are you familiar with her case, and with the court records?
As with all other conservancies there must be some proof of a person being a danger to self or others due to incompetency in order for another to get right of Conservatorship over affairs. I don't personally know any of the legalities or diagnoses involved with Ms. Spear's case, nor the circumstances under which her father applied for conservatorship in court due to Ms Spears apparent (in his opinion) inability to act in her own protection some time ago due to her mental illness.
It's my personal opinion that often, in the case of mental illness, this is "protection" is too often given, and not often enough reviewed, but that would all be guesswork and conjecture on my own part and my own personal opinion. It is said that it is not against the law to be mentally ill nor financially irresponsible, and it isn't.
Emergency guardianship is easier got than permanent (which Ms. Spear's Dad had--the permanent). Britney could well afford Lawyers to represent her during the original court case, though that doesn't mean she had good lawyers at the time. And "good" is subjective opinion.
It may be VERY expensive to get guardianship IF a person has to fight either the person who is ill, or other family. But not especially expensive if say an elder or mentally ill family member is shown to be demented and unable to act for his or herself and there is a family member ready willing and able to act in his or her own behalf.
It apparently has taken the court of law some time to work through this case and its complexities. I sure hope Ms. Spears is well, and stays well, and hope for the very best for her.
Apparently the media will have more entertainment to come, as this suit against her father and the ways in which he spent her money is apparently going to continue into the future.
Problem in the medical community with those who suffer not dementia, but mental illness, is that they are often easily stabilized with medications. When they will TAKE them, as many prefer their mental illness manifestations over what we consider "normal" life. So once out of the hospital they stop their medications. I have a neighbor who has had problems with a schizophrenic son, and guardianship, for many decades. Very tough and sad life for all the family concerned even with great emotional support and lots of love until his death in his late 50s, perhaps accidental overdose, perhaps purposeful. Just a lot of suffering all the way around.
Afraid no easy answers on any of this. And often on no single case even when we KNOW all the facts, let alone when we can't know them. Just really sad.

I've never understood why Brittany ended up as her father's ward without some time limit placed on it, it's not as though she suffered from some kind of irreversible brain damage. I think part of it had to be because she flamed out so pubicly, plus the fact she was young, blonde, and a woman, with a lot of assets to "protect".