By Nina A. Kohn
Source: Forbes 2/17/2026
See Also:
Britney Spears
By Lee Pruitt
Guardianships may be necessary to protect individuals with cognitive impairments, but they can also limit personal freedom and autonomy.
Wendy Williams' guardianship case highlights the importance of legal representation and proactive estate planning.
Dementia is on the rise and is affecting millions of families across the United States. As dementia erodes a person’s mental faculties, they lose the ability to manage their life. This can lead to losing money through bad financial decisions or a higher risk of injury from falls or accidents at home or in the community. To help the affected person, family members sometimes have to turn to the court system to ensure the safety and well-being of their loved one.
A court can order a person with compromised mental faculties to be placed in a guardianship or conservatorship arrangement. (Note that the terms used can vary depending on the state.) These arrangements give a mentally able person control over certain aspects of the stricken person’s life. Though the intention of such an arrangement is to protect the afflicted person, it may also end up greatly limiting their freedom and sense of autonomy.
The recent guardianship struggles of Wendy Williams, former radio personality and talk show host for The Wendy Williams Show, and the previous conservatorship lawsuit involving pop star Britney Spears have brought significant attention to the complexities and potential pitfalls of such legal arrangements. Both cases underscore the delicate balance between protecting individuals with cognitive impairments and preserving their personal autonomy.
In early 2022, financial institution Wells Fargo froze Williams’ accounts, citing concerns over unusual activity. This action led to Williams being diagnosed with primary progressive aphasia and frontotemporal dementia (FTD) and placed under a court-ordered guardianship. Williams has contested the diagnosis and claims that she is capable of managing her affairs. She has described her experience under guardianship as isolating and akin to imprisonment, expressing frustration over her lack of freedom and limited access to her finances.
Britney Spears’ conservatorship, which began in 2008, placed her personal and financial decisions under the control of her father and legal representatives. Spears publicly described the arrangement as abusive, highlighting forced work schedules, restricted personal freedoms, and financial exploitation. Her testimony in 2021, coupled with the #FreeBritney movement, culminated in the termination of her conservatorship later that year.
Both Williams and Spears experienced legal constraints that severely limited their personal and financial freedoms, despite their public personas and professional successes. These cases highlight several critical issues:
FTD is a group of brain disorders affecting the frontal and temporal lobes, leading to changes in personality, behavior, and language. Unlike other forms of dementia, FTD often manifests at a younger age, typically between ages 45 and 65. Symptoms vary from person to person but may include impulsive actions, inappropriate social behavior, and language difficulties. People with FTD may have a family history of this type of dementia.
Aphasia affects the frontal lobe of the brain, impairing speech and language abilities, comprehension, reading, and writing. These cognitive impairments can hinder a person’s capacity to manage their personal and financial affairs, sometimes prompting the establishment of a guardianship. As progressive conditions, FTD and aphasia both tend to come with symptoms that get worse over time.
As of this writing, Williams’ guardian, Sabrina Morrissey, and her team are calling for a new medical evaluation to confirm Williams’ diagnosis.
Proactive estate planning is vital for safeguarding one’s autonomy and ensuring that personal wishes are honored in the event of cognitive decline. Key components of your estate plan may include the following:
Facing a dementia diagnosis can be distressing. You want to have peace of mind that your wishes regarding your care will be respected. With an attorney’s help, you can set up these legal measures to maintain better control over your affairs and reduce the likelihood of unwarranted guardianship interventions as your cognitive abilities decline.
The experiences of Williams and Spears serve as cautionary tales, emphasizing the need for vigilant oversight, robust legal protections, and comprehensive estate planning to protect personal autonomy and prevent potential abuses within guardianship arrangements.
Reach out to an experienced elder law attorney near you if you have questions about how to care for a loved one with dementia or to plan ahead for the possibility of dementia. These professionals can offer expert help with long-term planning and health care for those diagnosed with dementia.
An attorney can help set up a guardianship if needed but also explore less restrictive options. They can aid in navigating the complexities of Medicaid and other programs that may help cover long-term care. This may include asset protection strategies, such as creating a trust, to prevent losing the patient’s wealth to long-term care costs.
An elder care lawyer can also assist in identifying and preventing financial abuse of people with dementia, by securing financial accounts or addressing fraud or neglect concerns. If the dementia is severe, they may be able to help secure disability benefits or other assistance the person qualifies for.
For additional reading about dementia and estate planning, check out the following articles:
Full Article & Source:
Wendy Williams Case Shines Spotlight on Guardianships
Former MTV host Matt Pinfield’s daughter Jessica is pleading with a judge for a temporary conservatorship for her dad. The media personality and former music executive reportedly suffered a massive stroke on January 6, 2025, with Jessica stating he’s been incapacitated since. As for why she’s requesting a conservatorship, Jessica claims she’s afraid his girlfriend will drain his bank account, per TMZ. She says the conservatorship will help her make important health and financial decisions on behalf of her dad, with the help of her sister, Maya. The daughters also want temporary conservators to oversee his bank account and apartment.
Pinefield was one of MTV’s biggest names in the 90s, hosting shows like 120 Minutes and making appearances on TRL.
He eventually landed his own TV show before becoming vice president of
A&R and Artist Development for Columbia Records. Recently, he began
working in radio again.
According to Smart Asset, a conservatorship “is a way for someone to assume legal guardianship over an adult. Families often use conservatorships to help deal with the mounting medical, financial and mental health needs of a parent. The status of a conservatorship is dependent on the capacity of the individual to make decisions on their own.”
In recent years, conservatorships have become a topic of interest and contention. The biggest conservatorship battle of discussion was initiated by the #FreeBritney movement after the pop star was held under a strict conservatorship for 13 years. Now, attention has turned to former queen of hot topics, Wendy Williams, who was placed under a conservatorship in 2021 with minimal access to her loved ones.
During a recent press run, Williams insisted she’s not mentally
incapacitated and is being held against her will. “I am not cognitively
impaired but I feel like I am in prison,” Williams said. “I’m in this
place with people who are in their 90s and their 80s and their 70s. ….
These people, there’s something wrong with these people here on this
floor. I am clearly not,” she told the hosts of The Breakfast Club.
Full Article & Source:
MTV Host Suffers Stroke, Conservatorship Sought: Update on Matt Pinfield
By Matt Richards,
Sam Asghari openly addressed the conservatorship Britney Spears was under. @samashgari/Instagram; MEGA
Sam Asghari recently addressed his marriage to Britney Spears in an interview, opening up about her conservatorship and the challenges it placed on their relationship.
 |
| Sam Asghari called Britney Spears' conservatorship the 'most difficult thing' he ever witnessed in his life. @samashgari/Instagram |
“I was like, ‘Wait a minute. I thought I’m in America,’” the "Toxic" singer’s ex said. “'What do you mean someone over the age of 18 needs permission from their parents?'”
Sam was referring to the conservatorship Britney was placed under from 2008 until 2021. Her every move was controlled by a team, all spearheaded by her father, Jamie Spears . Eventually, a “Free Britney” movement picked up steam, leading a judge to finally terminate the guardianship.
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| Britney Spears openly wrote about her conservatorship in her book, 'The Woman In Me.' MEGA |
Though he provided support for Britney as “much” as he could, he noted he had to go through the experience “very gently” out of caution to say or do the wrong thing.
“One of the hardest things , I think, to deal with when you go into entertainment is your parents and the people around you, and everything that happens, and everybody that comes into your life that’s taken advantage — that damages you because those are the people that are closest to you,” Sam added of his experience with Britney. “Usually, the people that are around you, the people that you allow into your circle, you kind of are vulnerable to them.”
 |
| Sam Asghari said he remains 'grateful' for the relationship he had with Britney Spears. @samashgari/Instsagram |
In her book, The Woman In Me , Britney addressed the guardianship she was placed under.
“I remained shocked that the state of California would let a man like my father — an alcoholic, someone who’d declared bankruptcy, who’d failed in business, who terrified me as a little girl — control me after all my accomplishments and everything I had done,” she wrote.
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| Britney Spears was shocked the state of California allowed her father to be her guardian. MEGA |
“Migraines are just one part of the physical and emotional damage I have now that I’m out of the conservatorship,” she wrote in her tell-all. “I don’t think my family understands the real damage that they did.”
Full Article & Source:
Britney Spears' Ex-Husband Sam Asghari Reveals the 'Most Difficult Thing' He Witnessed During Their Marriage
See Also:
Britney Spears
AceShowbiz - Wendy Williams, the former daytime talk show host, has reached a breaking point in her court-ordered guardianship and is seeking assistance to break free. Williams recently opened up on "The Breakfast Club" podcast, claiming she was being emotionally abused and held against her will.
"I am not cognitively impaired, you know what I'm saying? But I feel like I'm in prison," Williams revealed, expressing her frustration and calling for help from her fans. The former TV host once earning millions of dollar from her self-titled show claimed she was only left with $25 amid her conservatorship.
Britney Spears, having won her own highly publicized legal battle against a conservatorship, took immediate notice. Spears wasted no time in reaching out to the same attorney who successfully helped her end her conservatorship.
According to popular gossip influencer Janet Charleston, the legal expert is now preparing to assist Williams and uncover the details behind her guardianship.
Williams had entered into the guardianship voluntarily in 2022 to protect her finances amidst various health issues, including Graves' Disease and Lymphedema. However, insiders and Williams herself now fear she is being exploited and abused by her court-appointed guardian, Sabrina Morrissey.
Comparisons have been made to Britney Spears' own former conservatorship ordeal, drawing concern from those familiar with both situations.
Williams' niece recently confirmed that efforts to end the guardianship are underway, and a GoFundMe page titled "Support Wendy Williams' Fight for Independence" has raised more than $13,000 of its $50,000 goal under the hashtag #FreeWendy. Fans and supporters are rallying behind Williams, hopeful that Britney's involvement can bring meaningful change.
The circumstances surrounding Williams' guardianship have been murky. A complaint with the Department of Health and Human Services Office for Civil Rights revealed that Williams' bank, Wells Fargo, acted on a letter from a doctor without her knowledge or consent, raising questions about the legality and ethics of the proceedings.
Williams' former lawyer suggested she might not have fully understood the implications of the guardianship when it was established.
With Britney Spears in her corner and increased public support,
Williams is fighting to reclaim her freedom. The story is still
developing, but there's a renewed sense of hope that Wendy Williams may
yet find the independence she is seeking.
Full Article & Source:
Britney Spears Steps in to Help Wendy Williams Get Out of 'Abusive' Conservatorship
See Also:
Wendy Williams
By Seema Sinha
Britney Spears, a well-known American pop star, aged 42 as of writing this article, was placed under a conservatorship—in simple words, legal guardianship—in 2008, with the court appointing her father, Jamie Spears, to control the singer’s personal and financial affairs in light of her then-ongoing struggles with mental health.
To simplify the matter even further for our readers, here’s how conservatorship or guardianship is described in legal textbooks. Guardians for adults are sought to manage issues for individuals who are incapacitated. This includes people with physical disabilities, such as individuals in comas, those who suffer from advanced forms of dementia, or those experiencing other serious injuries or challenges. Guardians are also appointed in cases of intellectual disabilities. This is the category Spears’s conservatorship fell under.
Guardians are typically of two types: a personal guardian, who exerts control over the conservatee's personal matters, such as taking care of their medical decisions, and a guardian of estate, who makes financial decisions on the conservatee’s or ward’s behalf. In Spears’s case, her father was in charge of both aspects of her life until 2019, when he stepped down from the formal role due to health reasons. However, he remained in control of her finances until 2021, when the court removed him and allowed Spears to choose her own trusted guardian after she managed to convince the court her father was an inappropriate candidate for the role, citing his unfair treatment of her.
Since we’ve discussed the unfairness one of the biggest pop stars of the
late ‘90s and early 2000s endured for over a decade while being
involuntarily placed under this legal arrangement, here are five lessons
her judicial fight can teach us.
In a brief court appearance in June 2021, according to BBC, Spears labeled her conservatorship as “abusive,” saying the arrangement was doing her “way more harm than good.” It was also during this testimony that she pleaded with the court to return her life to her, highlighting how the singer was deprived of even basic control over her personal and professional affairs. “I want to be able to get married and have a baby. I was told right now in the conservatorship I am not able to get married and have a baby,” Spears added, further emphasizing the lack of control she had over her own life.
Per the aforementioned publication, the singer felt so betrayed by her father’s excessive control over her business that she unapologetically expressed her readiness to press conservatorship abuse charges against him.
The first and foremost lesson we feel our readers can learn from Spears’s conservatorship battle is to trust no one completely when it comes to legal arrangements. Like Mr. Spears, one’s conservators might disguise extreme control over one’s life as decisions made in the best interest of the conservatee.
To avoid enduring the ordeal Britney had to bear, it is advisable for conservatees to choose their conservators themselves. Your guardian does not need to be a family member or close friend. There are many professional conservators who would gladly look after your finances or well-being for a fee.
Our advice: it’s best to let your parents, partners, and loved ones remain as such while letting an experienced attorney or professional conservator manage the less emotional aspects of your life. Spears was eventually allowed to choose her preferred guardian after her battle for freedom from her father ended.
Situations similar to Britney’s can be avoided by having a Lasting Power of Attorney (LPA) in place to manage your estate or health if you become incapable of doing so yourself. While many believe LPAs are for people nearing the end of life or suffering from illness, recent events—including the Oops!... I Did It Again singer’s case—show that LPAs should be considered by people of all ages.
Entering into any legal arrangement should only come after thoroughly researching your rights in case of abuse of power. In the United States, laws like the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA) and similar state-specific laws have been enacted to reduce the potential harm that arrangements like conservatorship can have on individuals.
Britney Spears’s public testimony raised awareness about conservatorship abuse as she revealed how powerless and out of control she felt while under her father’s control, even though he claimed he acted in her best interests.
Britney Spears’s case highlights that fame often comes with a cost. The pop star’s immense success, along with the pressures of public scrutiny, relentless media attention, and high expectations, contributed to her mental health struggles, which led to her father taking extreme control of her life.
According to her 2023 memoir The Woman in Me, Spears was placed under
Jamie’s control after a series of troubling incidents, including shaving
her head, hitting a paparazzo’s car with an umbrella, and locking
herself in a room with one of her children to avoid handing him over to
her ex-husband.
Full Article & Source:
5 Key Lessons To Learn From Britney Spears' 13-Year Long Conservatorship Battle
See Also:
Britney Spears
by Elizabeth Wagmeister
The terms of the settlement were not disclosed by the attorneys for the pop star and her father, who confirmed the settlement to CNN.
“It has been our honor and privilege to represent, protect, and defend Britney Spears,” the singer’s attorney, Mathew Rosengart, said in a statement to CNN.
“Ms. Spears is and always will be an icon and a brilliant and brave artist of historic and epic proportion,” Rosengart’s statement continued. “Although the conservatorship was terminated in November 2021, her wish for freedom is now truly complete. As she desired, her freedom now includes that she will no longer need to attend or be involved with court in this matter.”
Alex Weingarten, attorney for the singer’s father, told CNN, “Jamie is thrilled that this is all over.”
“Jamie loves his daughter very much and worked tirelessly to protect her,” Weingarten said. “He wants the best for Britney, nothing less.”
Spears’ conservatorship was terminated back in November 2021. But the legal battles have persisted with lawyers for the singer and her father going head-to-head in frequent court visits over attorney’s fees and allegations of improper behavior in handling the conservatorship. Her father has consistently denied the accusations.
The star was placed under the court-ordered conservatorship in 2008 with her father serving as her conservator for the majority of the 13-year arrangement, overseeing and controlling all of his adult daughter’s finances and medical decisions.
In June 2021, Spears gave explosive testimony, marking the first time she had spoken in open court throughout the 13 years. She pleaded with the judge to break her free from the conservatorship, which she categorized to the judge as “abusive.”
In her testimony, Spears claimed that while she was under the conservatorship, she was forced by her management to go on tour against her will, was put on lithium that made her feel “drunk” and was not allowed to get married or have a baby as she wished and was forced to use an IUD for birth control.
“I just want my life back. It’s been 13 years and it’s enough,” Spears said during the emotional hearing.
After that testimony, Spears was granted the ability to hire her own lawyer, rather than work with a court-appointed attorney, which she had done for the 13 years prior. It was then that she retained Rosengart, a former federal prosecutor and attorney who has represented many Hollywood stars.
In September 2021, less than two months before her conservatorship was terminated, a judge suspended Spears’ father, Jamie, as his daughter’s conservator.
Since her conservatorship was terminated in November 2021, Spears has been very active on her social media, frequently posting videos of herself dancing and writing lengthy captions to her fans. She has released two songs, “Hold Me Closer” with Elton John” and “Mind Your Business” with Will.i.am. She also released an instant best-selling memoir, “The Woman In Me.”
In her memoir, she wrote about the “soul-crushing” years of her conservatorship, writing that she felt “like a shadow of myself.”
“The
conservatorship stripped me of my womanhood, made me into a child,”
Spears wrote in the book. “I became more of an entity than a person
onstage. I had always felt music in my bones and my blood; they stole
that from me.”
Full Article & Source:
Britney Spears settles long-running legal dispute with estranged father, finally bringing ultimate end to conservatorship
See Also:
Britney Spears
 |
| Amanda Bynes, Britney Spears, Wendy Williams and Nichelle Nichols. (Chris Smith/TheWrap) |
by Andi Ortiz
In 2022, Wells Fargo successfully petitioned a judge to put talk show host Wendy Williams under what was said to be a temporary financial guardianship. The judge froze her accounts and set a hearing to determine if a guardianship was needed, all while the talk show host disputed the decision and accused a Wells Fargo financial advisor of lying to get access to her accounts.
The guardianship became the subject of a documentary on Lifetime this year, and has drawn criticism from her family, who say they have struggled to get access to her for even a phone call as she languishes in a private facility to treat her cognitive issues. They, along with fans, are worried, especially in the wake of her aphasia diagnosis.
It’s not an unfamiliar story. Celebrity conservatorships have entered the mainstream over the last several years, largely in relation to a few famous women. The issue hit a boiling point with Britney Spears, whose 13-year involuntary conservatorship ended in 2021 following a movement fans dubbed #FreeBritney, culminating in multiple documentaries and emotional testimony from the pop star about her life under conservatorship.
Now, fans everywhere are locked on Williams, 59, hoping things don’t go south yet again.
Experts TheWrap consulted — including lawyers and professional therapists experienced in the area — said that while roughly the same number of women and men are put under conservatorships, female celebrities are often subject to adverse conditions. Men like Charlie Sheen have public meltdowns and are able to maintain control over their lives, while women like Spears are deemed unable to take care of themselves — or their wealth.
Conservatorships of celebrity women have become “almost a perverse financial incentive” for members of their families in some cases, Benazeer “Benny” Roshan, a partner at law firm Greenberg Glusker and chair of the Trust and Probate Litigation Practice Group, told TheWrap.
“They adversely and disproportionately impact women,” she said. “Look at the women that are under conservatorship that have regained their cognition and are still conserved. And then you see male examples.
“Did you ever wonder, why wasn’t Charlie Sheen conserved when he was dealing with bowls of coke, and hookers and whatnot? Why wasn’t Kanye West conserved?” Roshan continued. “It’s because, I think on some level, they’re men, and somebody’s like ‘We need to conserve you’ and he’s like, ‘No! I’m fine!’ … The inquiry stops there.”
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| Wendy Williams attends the world premiere of the Apple TV+ series “The Morning Show.” (Photo by Astrid Stawiarz/Getty Images) |
At the 2011 Television Critics Association press tour, just prior to Sheen’s many drug-addled interviews, CBS’ then-entertainment chief Nina Tassler noted about the actor: “On a professional level, he does his job and he does it well and the show’s a hit, and that’s all I have to say.”
Within a month of losing “Two and a Half Men,” Sheen launched a sold-out comedy tour. That September he was the star of a Comedy Central roast. And by 2012 he had a new sitcom, “Anger Management,” and new movie roles.
Spears, meanwhile, went from publicly shaving her head in February 2007 to an involuntary conservatorship in February 2008. She later testified that she was forced to continue working during that time, saying, “It was very threatening and scary,” and that she only went ahead with another tour “out of fear.”
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| Charlie Sheen in “Two and a Half Men” (CBS) |
“I’m sure somewhere out there, there’s somebody trying to get their son or brother with a disability sterilized,” he said at the time. “But I’ve had a number of these cases arise, and they are, in my experience and so far, all women.”
A conservatorship is put in place when it’s determined that someone cannot make necessary, safe decisions about their well being — physical, financial, or otherwise. Once that is proven to a judge, that person’s rights and decision-making are transferred to someone else, usually a family member or friend.
Those decisions are often subjective, as “every person operating within the larger guardianship system possesses some level of implicit bias,” according to the Justice in Aging organization.
Spears was 26 when she first was conserved. Former Nickelodeon star Amanda Bynes was 27. Lindsay Lohan’s father attempted, but failed, to get his daughter into a conservatorship at 26. Each of these came at a time when the young women were having public mental health crises.
In stark contrast, conservatorships of celebrity men have been largely due to cognitive decline from old age: Mickey Rooney (90), Casey Kasem (81), Randy Meisner (69) and, most recently, Brian Wilson (81).
[Conservatorships] adversely and disproportionately impact women. Look at the women that are under conservatorship that have regained their cognition and are still conserved.
Benazeer “Benny” Roshan, lawyer
That’s nothing new to mental health professionals. Patrice Le Goy, a psychologist and adjunct professor at the Chicago School of Professional Psychology, told TheWrap that mental health struggles often get “more connected to the ‘fragility’ of women, and with men it is sometimes chalked up to them simply going through a difficult period.”
Both singer Joni Mitchell and actress Nichelle Nichols were placed under a conservatorship due to neurological problems in 2015 and 2018, respectively. Mitchell suffered an aneurysm that hospitalized her, and Nichols was diagnosed with dementia. (That said, Nichols’ situation also drew protestors prior to her death, many of whom worked in the Free Britney movement).
For her part, Wendy Williams was diagnosed with the same aphasia condition as Bruce Willis — which impacts language and communication abilities, as well as behavior and cognitive functions — but Willis remains independent. (Roshan suspects that’s because the “Sixth Sense” actor had done proper estate planning, making a conservatorship unnecessary.)
It’s unclear exactly what kind of conservatorship Williams is under, but she has a court-appointed guardian in Sabrina Morrissey. Even her family does not have many details. According to Williams’ niece who spoke to People magazine, under the rules of the conservatorship, Williams is allowed to call her family, but they cannot call her.
In his 30 years of practicing conservatorship law, David A. Esquibias, who served as Bynes’ lawyer when she ended her conservatorship in 2022, said he’s never noticed a “demonstrable” gender bias. He noted that a conservatorship only comes when “there is a perception” that someone specifically needs outside help, but an exact agreement cannot be reached privately.
“I would assume that you would never go through a conservatorship if you’re able to take care of matters,” he said.
Of course, perception of women’s mental health tends to differ from the perception of men’s. The National Institute of Mental Health notes that some mental disorders are “diagnosed at comparable rates for men and women or at higher rates for men,” but that “men are less likely to have received mental health treatment than women in the past year.”
“In general, it seems that the mental health of women is more up for public debate than that of men,” Le Goy said. “When women have mental health issues, it also seems to live in the public domain for longer than it does for men.”
According to Esquibias, “family dynamic is everything” and will dictate how smoothly the process of conserving someone will go. But mental health experts note conservatorships change and twist family dynamics in particularly detrimental ways for young conservatees. When that conservatee is a celebrity worth millions of dollars, it gets tricky fast.
“When the breadwinner is the child, there is already a dynamic shift that they may have power over their parents,” Le Goy said. “In a way, a conservatorship can almost adjust this power, but not always in a healthy way.”
In her 2020 memoir, Mariah Carey revealed that she was nearly put into a conservatorship as a young adult by her own family, writing that “to my family, I’d been an ‘ATM machine with a wig on.’”
In the case of Britney Spears, it was revealed in 2022 that her father and lawyers took more than $36 million from her estate throughout the course of her conservatorship.
“It really can be an unnatural and unhealthy family dynamic if not approached with the ultimate care, and with the individual’s mental health as the key priority,” Le Goy added.
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| Britney Spears (Getty Images) |
Having money — or not having it — can certainly impact how a conservatorship goes, particularly for people of color, experts said.
“Wealth and skin color are positively correlated to how one fares when going through the conveyor belt of conservatorship and guardianships,” Roshan said.
Experts say there’s an additional detriment to putting someone under a conservatorship at a young age, as most female celebrities are: stalling the “natural development” processes.
“Part of our development and growth is the need to take on challenges and fail or succeed, but learn from the experience either way,” Le Goy explained. “When we don’t have the opportunity to make our own mistakes, a crucial part of the development process is missed and this can leave us ‘stuck’ at a younger emotional age than we should be.”
Conservatorships must be terminated by mutual agreement, and with a lot of proof. As Esquibias detailed, the person under conservatorship must demonstrate he or she is able to manage their finances, make their own medical decisions and resist fraud or “the undue influence of others.”
And the burden of proof can have its own effects on a person’s mental health, especially when they’ve been made to doubt their decision-making abilities.
 |
| Amanda Bynes attends an appearance at Manhattan Criminal Court in 2013, the year her mother was granted a conservatorship over her. (Getty Images) |
These days, Bynes mostly stays out of the public eye, save for a TikTok account, and is headed back to school. In July 2023, she checked herself into a new inpatient mental facility, just a month after she called police on her own behalf, reporting she felt she was a danger to herself.
For Spears, the end of her conservatorship didn’t mean the end of her struggles. She had a very public divorce, an equally public falling out with her younger sister when Jamie Lynn Spears released a book called “Things I Should’ve Said,” and, even still, has had her well being speculated about. She was sent a welfare check at the end of last year after a social media post showed her dancing with kitchen knives (something she did not appreciate).
Still, Spears’ situation and the Free Britney movement helped change things in the system. It led to legislative measures that tightened rules and regulations surrounding conservatorships. Law practitioners have come to refer to them colloquially as “The Britney Spears Rules.”
TheWrap reached out Spears’ lawyer for comment on this story.
Roshan concedes there is “a double-edged sword” element that comes
into play with conservatorships, particularly in celebrity
circumstances. Her advice for those who might be facing one: “Get
educated, as knowledge is power.”
Full Article & Source:
Three Years After Britney, Wendy Williams Shows Celebrity Conservatorships May Still Be Toxic to Women
by Kathryn Watson
The new law comes as a Los Angeles judge suspended Spears' father, Jamie Spears, from the conservatorship that has controlled the singer's career, financial and personal decisions for 13 years.
The California law aims to close loopholes in a system that lawmakers say lacks accountability and transparency. Among other things, it will require nonprofessional conservators who oversee an estate valued at more than a million dollars to register as a professional, to provide training and transparency. The law also establishes a civil penalty of up to $50,000 if a court finds a conservator has not acted in the best interest of the client, and gives conservatees more control over their legal representation.
"This bill saw unanimous support throughout the process because we know there are systemic failures when it comes to conservatorships in California," said California Assemblymember Evan Low, a Democrat who introduced the bill, in a statement after the bill passed the legislature. "We've seen the heartbreaking case of Britney Spears play out in the public eye, but there are hundreds — if not thousands — of other cases in which families are struggling. We need to do everything in our power to help them and their loved ones receive the care and support they need."
A hearing focused on whether to terminate Spears' conservatorship entirely is scheduled for November 12.
"This suspension is directly what Britney wanted, she does not want Jamie in her life," Britney Spears' attorney, Mathew Rosengart, said in court Wednesday.
Full Article & Source:
Newsom signs #FreeBritney bill to reform conservatorship laws
The ongoing saga of Britney Spears and her conservatorship has shone a spotlight on the challenges associated with financial conservatorships, exposing both their potential benefits and serious pitfalls.
This legal arrangement, meant to protect those unable to handle their affairs due to mental or physical challenges, can transform into a precarious situation when misused. Spears' story, as told in her recent memoir, The Woman in Me, serves as a stark example of how a well-intentioned legal tool can turn into a distressing ordeal, sparking a call for reforms to uphold the autonomy and rights of individuals under conservatorships. Here are several possible reasons a conservatorship might go awry.
New York attorney Jill H. Teitel reports, “Despite the legal protections put into place by the majority of states in the United States via the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act, guardianship judges still remain protective and inflexible to the wards’ particular strengths and areas of independence out of fear that these persons will be taken advantage of by those who do not petition the court. By encouraging courts to issue orders reflecting the ability of wards to act independently, we have seen a shift in how the courts should view a person’s ability to make certain decisions for him/herself. However, for some persons, ironically, the effect of financial conservatorship is the unfortunate erosion of personal autonomy.”
Individuals under conservatorship surrender control over their financial decisions and personal lives to a court-appointed conservator. While this may be justified in cases of genuine incapacity, it often results in a loss of personal freedom. Spears' decade-long struggle highlights the emotional distress accompanying this loss of autonomy.
As attorney Laura Fischer says, “There is no greater loss than that of your own free will. It is imperative to manage your own planning and have the proper ancillary documents in place to specify under exactly what conditions your affairs should be managed and by which trusted individuals.”
Financial conservatorships create an environment prone to abuse, as conservators wield substantial power over the individual's assets. Financial abuse is a controlling tactic used by abusers over their victims in ways such as sabotaging income and access to money, restricting how the victim is allowed to use money and the things they can own and financially exploiting the victim’s financial situation by stealing or misuse of funds.
Fischer reminds us, “Abuse comes in all shapes and sizes, from physical to financial to mental. Establishing a care plan, in advance, with a team of knowledgeable professionals ensures that your carefully considered wishes can be fulfilled.”
Victims are often prevented from leaving their abusers because they lack the financial knowledge to be successfully independent. Teitel sees in her practice that “the cycle of dependence perpetuates, disempowering some wards to be in control of their financial situation.”
In the Spears case, concerns arose about financial mismanagement and excessive fees, raising questions about the exploitation of the conservatorship for financial gain. Abuse can manifest through misappropriation of funds or decisions prioritizing the conservator's interests over the individual's, jeopardizing financial stability.
Fischer points out, “Legal documents, themselves, can specify not only the persons in charge, but also the appropriate fees that are to be paid to them.”
While subject to court oversight, the scrutiny of financial conservatorships varies, allowing potential abuses to go unchecked. Spears’ situation underscores the need for robust oversight, emphasizing transparency and accountability in the conservatorship process.
“Even though the courts must adjudicate their cases pursuant to the law, if the attorneys and their clients are not motivated to use these alternatives to conservatorship and guardianship, wards will continue to suffer,” Teitel says.
It is a real definitive possibility that ending a conservatorship will be a prolonged and expensive legal process, placing additional burdens on the individual. Legal battles to regain financial control can deplete both financial and emotional resources. Spears’ enduring struggle exemplifies the challenges individuals face in reclaiming their autonomy. But “it is generally lack of clarity that creates opportunities for people to exploit individuals and their assets,” Fischer says. “Through deliberate and informed planning, one can lay out a clear plan that leaves no room for such exploitation.”
Being under a conservatorship carries a significant stigma, potentially portraying the individual as incapable of making sound decisions. This can have detrimental effects on mental health and self-esteem, as demonstrated by Spears' revelations about the impact of the conservatorship on her well-being.
The Spears case highlights the hazards of financial conservatorships and the urgent need for legal reforms. Spears is not the only celebrity who has dealt publicly with these abuses. In September 2023, NFL player Michael Oher — who inspired the 2009 film The Blind Side — had his conservatorship terminated by Shelby County Probate Court Judge Kathleen Gomes. Oher signed the conservatorship under the misconception it was adoption papers when, in fact, it allowed Leigh Anne and Sean Tuohy to have all powers of attorney to act on Oher’s behalf, and he was not allowed to enter any contracts or bind himself without the direct approval of his conservators.
While
conservatorships can be necessary, careful monitoring is crucial to
prevent abuse and preserve individual rights. Proposed reforms include
enhanced transparency, regular capacity evaluations and mechanisms for
individuals to petition for conservatorship termination. Addressing
these issues is vital to strike a balance between protecting vulnerable
individuals and safeguarding their fundamental rights and autonomy.
Full Article & Source:
Lessons Learned From Britney Spears’ Financial Conservatorship
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Britney Spears
Britney Spears was freed from her 13-year conservatorship in November 2021 — but the legal aftermath is still ongoing.
The Princess of Pop's father, Jamie Spears, recently filed court documents accusing his daughter of using stall tactics in order to delay the conclusion of their conservatorship trial.
Jamie, who acted as his daughter's conservator throughout the majority of her court-ordered conservatorship, expressed his belief that a global settlement between him and Britney is unlikely to happen, and therefore, he doesn't see a point in moving forward with their upcoming scheduled trial due to a lack of settlement at mediation later this month, according to legal documents obtained by a news publication on Wednesday, February 7.
"There is no reason to stay any portion of the case (as the Court acknowledged at the January 5, 2024 hearing) and there is certainly no basis for staying briefing or any other activity that in any way relates to Jamie’s pending summary judgment motion set for hearing on April 12, 2024," the court papers detailed.
The document continued: "The parties have had months (indeed, years) to discuss settlement. They have not settled. Imposing a stay simply because there is a February 23, 2024 meditation seems certain to result in a trial continuance should the parties not settle at mediation."
The filing further noted a nearly three-year gap between now and when Jamie first filed his Petition for Order Allowing and Approving Payment of Compensation to Conservator and Attorneys for Conservative and Reimbursement of Costs on March 26, 2021.
Jamie's petition is set to be resolved at the June 2024 trial.
"Meanwhile, Britney consistently tries to delay," Jamie claimed, alleging: "Britney wasted over two years with motion practice regarding the threatened deposition of non-party Robin Greenhill, had the deposition set for January 29, 2024, and unilaterally canceled the deposition the Friday afternoon before the deposition (apparently concluding that the deposition was pointless)."
"The Court cautioned the parties that it will not continue trial. The parties have already spent one month waiting for meditation and waiting for rulings on the outstanding discovery disputes. Every day is critical to ensure the case continues to progress and is ready for trial without the need for a continuance. Accordingly, Jamie requests the Court does not stay this action pending the upcoming mediation and maintains the firm trial dates," he concluded.
The Blast obtained court documents recently filed by Jamie.
Full Article & Source:
Britney Spears' Dad Jamie Accuses Singer of Using Stall Tactics in Attempt to Delay Conservatorship Trial
The Princess of Pop's lawyer, Matthew Rosengart, recently sent an email to Jamie's attorney asking to negotiate a settlement for the 71-year-old's alleged wrongdoings during Britney's conservatorship, a new report revealed.
Jamie's lawyer quickly tried to shut down Rosengart's attempt at reaching an agreement, insisting he waited far to long to try to make a deal, as Britney, 41, has been freed from her father's control for nearly two years, two sources with direct knowledge on the situation explained to a news publication.
According to the insiders, Rosengart began his email by expressing his awareness of Jamie's recent health woes, noting his illness is even more of a reason for the dad-of-three to acknowledge the accusations of manipulation, abuse and other harmful behaviors Britney has came forward with and pay the "Toxic" singer an unspecified sum so the legal dispute could be resolved once and for all.
In his detailed message, Britney's lawyer claimed Jamie authorized an illegal surveillance of the pop sensation during the conservatorship —specifically involving her phone — however, Rosengart never filed a lawsuit about the allegations and the statute of limitations closed out more than a year ago.
Jamie's attorney additionally insisted the illegal surveillance claims were completely untrue.
The disgraced dad clapped back at Britney's request for a settlement payment, instead asking her to fork over money for attorneys fees he received in court during her successful attempt to dissolve the conservatorship in November 2021.
Rosengart didn't think twice before informing Jamie that wouldn't be happening.
Jamie's lawyer supposedly offered to withdraw the request a year ago if Rosengart took back Britney's accusations against her father, though the "Circus" singer's attorney said no to that too, the source detailed.
It seems Jamie's legal team won't budge so long as the threats and allegations on Britney's side continue.
With no settlement in sight, the case is scheduled to begin trial in May — and insiders warned there could be explosive evidence ready to be revealed in court that would not be beneficial to Britney's side of the dispute.
Some of Rosengart's strongest claims won't even make it to court due to the lapsed statute of limitations and previous approval from the conservatorship judge involving certain expenditures Britney's attorney is challenging.
TMZ spoke to sources about Rosengart's email to Jamie's attorney.
Full Article & Source:
Britney Spears' Lawyer Urges Dad Jamie to Reach Conservatorship Settlement With Pop Star as His Health Rapidly Declines: Report
See Also:
Britney Spears
