Showing posts with label Conservatorship laws. Show all posts
Showing posts with label Conservatorship laws. Show all posts

Monday, December 29, 2025

It’s time to rethink California’s tragically ineffective conservatorship laws

Flowers surround Rob Reiner’s star on the Hollywood Walk of Fame on Monday, December 15, 2025. Rob and Michelle Singer Reiner’s bodies were found in their home in Brentwood on Sunday. The Los Angeles police have arrested Nick Reiner, the son of Rob and Michele Singer Reiner in connection with the deaths. (Photo by David Crane, Los Angeles Daily News/SCNG)

By Megan Cole

Just two days after Rob and Michele Reiner were found fatally stabbed inside their Brentwood home last weekend, their 32-year-old son, Nick—who has struggled with

Addiction and intermittent homelessness for over half of his life, and who had recently been diagnosed with schizophrenia—was  charged with his parents’ murder. 

In  the wake of the tragedy, many have wondered: why couldn’t anyone force Nick to seek substantial support before it was too late? And if the Reiners could not help their son, what hope is there for the families of the other 1.2 million Californians living with a serious mental illness? 

Six years ago, my own family suffered the consequences  of a decades-old California law that—to this day—makes it nearly impossible to involuntarily hospitalize a loved one in crisis. During the last decade of her life, my aunt, Amy, had struggled with addiction and alcoholism in addition to severe mental health  issues. She cycled through myriad rehabilitation facilities, endured a half-dozen 5150 holds—72-hour involuntary psychiatric commitments named for the section of the California code that introduced them—and shuffled in and out of jails. Near the end of her  life, Amy was living in her car and refusing medication or hospitalization for her schizoaffective disorder. 
    
On Christmas Eve 2019, for reasons unknown to anyone but Amy, she rented an SUV and drove it across the southern border.  Two weeks later, her body was found in the back of her rental car in Hermosillo, Mexico. Her brutal murder remains unsolved to this day. 

In the last years of Amy’s life, there was almost nothing our family could do to help her, due in large part to California’s strict conservatorship laws. Conservatorships allow an appointed third-party individual to make decisions for an adult conservatee—usually their family member—who is gravely incapacitated by mental illness, alcoholism, or addiction. 

In 1967, California passed the Lanterman-Petris-Short (LPS) Act, which stated that a mentally ill person could not be involuntarily committed or otherwise “conserved” unless she posed an imminent threat to herself or others. Other kinds of conservatorships (for those who struggle with alcoholism or addiction but have not been diagnosed with a psychiatric disorder, for example) have similar constraints. 

The glaring problem in the cases of Nick Reiner and Amy—and tens of thousands of other struggling Californians—is that families often cannot secure conservatorships for their loved ones until the worst has already come to pass. 

The LPS act “is attributed by various people as having transformed Californian society in many, many ways,” says Jonathan Simon, Lance Robbins Professor of Criminal Justice Law at the University of California, Berkeley. “Today we attribute many of our most persistent evils in this state to having gotten this law either wrong or not right enough – and that includes unhousedness, that includes rampant public drug use and drug sales in the center of many of our large cities, it includes mass incarceration,” and so on.  

Recently, celebrities like Britney Spears and Wendy Williams have brought the issue of conservatorships to national attention; their controversial conservators have received backlash for allegedly leveraging their positions to abuse their conservatees and benefit financially from the management of their estates. However, scholars and activists have argued that Spears’ and Williams’ cases are exceptions to the rule. 

“In nearly all cases, the [conservatee] is indigent, and there is no potential financial gain to the family,” said Jill Escher, president of the National Council on Severe Autism. “To the contrary, the conservatorship imposes on conservators many affirmative duties, responsibilities, and burdens, with no potential tangible gain apart from the knowledge that they can use their legal authority to advance the well-being of their loved one.” 

In most cases, conservatorships are difficult to manage, and even more difficult to acquire.

A 2020 report by California’s state auditor found evidence that in Los Angeles County, nearly ten thousand people had been placed on at least 10 holds in their lifetime—however, only about 1 in 16 of these temporary holds resulted in a conservatorship. According to the most recent statistics from the Department of Health Care Services, fewer than 1,500 Californians are on LPS conservatorships. 

There is evidence, though, that when conservatorships are granted, they are largely effective. In one California study of 35 patients placed under conservatorships, “29 (83 percent) remained stable as long as the conservatorship lasted, but for the 21 patients whose conservatorship was terminated, only 9 (43 percent) remained stable after termination.” 

In an effort to lower barriers for those seeking conservatorships, in 2022, Gov. Gavin Newsom proposed the CARE Act.

The act would allow Californians to request intervention by “CARE Court” on behalf of family members with severe mental illnesses and/or substance use disorders. The legislature approved it with bipartisan, near-unanimous support. 

However, when CARE Court was introduced statewide last year, it hardly lived up to its potential. Eligibility for participation had narrowed, covering only people with severe psychosis and not those with substance abuse issues. The petition process had become much more unwieldy than the one originally proposed. Since the launch of CARE Court, the state has mandated treatment of a mentally ill person in only a handful of cases, and has not fined counties that have failed to provide court-ordered services to participants.

In another effort to modernize conservatorship proceedings in California, Gov. Newsom signed a law in 2023 updating the LPS Act for the first time in over 50 years.

The new law expands eligibility for conservatorship to anyone unable to secure their personal safety due to either substance use or mental health issues. Now, conservatorship laws “[encompass] people with a severe substance use disorder, such as chronic alcoholism, and no longer [require] a co-occurring mental health disorder.” Like the CARE Act, this law took effect last year but counties  can postpone its implementation until 2026. 

Of course, Californians with mental illnesses and substance use disorders should retain their agency and autonomy to the fullest possible extent. Conservatorships and involuntary treatments should be temporary measures of last resort. Still, I hope that California lawmakers will consider amending conservatorship laws so that after all other avenues have been exhausted, families might have the option to secure help for their incapacitated loved ones before they become agents or victims of tragedy.    

Full Article & Source:
It’s time to rethink California’s tragically ineffective conservatorship laws 

Wednesday, January 29, 2025

Britney Spears' Ex-Husband Sam Asghari Reveals the 'Most Difficult Thing' He Witnessed During Their Marriage

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

On Kate and Oliver Hudson ’s “Sibling Rivalry” podcast, Sam claimed one day he started learning about the guardianship Spears was under.

“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.

Britney Spears openly wrote about her conservatorship in her book, 'The Woman In Me.' MEGA

Sam, who claimed he supported her as it was the “best thing” he could do, called his ex’s conservatorship the “most difficult and weird spiral thing that I’ve witnessed in my life.”

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

Sam and Britney married in June 2022, but ended up divorcing in May 2024. Regardless of the experience , Sam says he remains “grateful and happy that it ever even happened.”

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.

Britney Spears was shocked the state of California allowed her father to be her guardian. MEGA

The “Me Against The Music” crooner also noted even though she is free from the guardianship, she still has a lot of side effects from the torture she was put through.

“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 

Thursday, April 22, 2021

Custody or Captivity? Britney Spears and the Problem with California’s Conservatorship Laws

Britney Spears performing at her Piece of Me residency in Las Vegas in 2014. By Courtesy of Wikimedia Commons

By Zachary J. Lech

“Britney Spears hospitalized again”, “Britney on 72-Hour Mental Lockdown”, “Diagnosing Britney Spears,” “Sources: Spears suffering from bipolar disorder.” These news headlines from early 2008 covered the public struggle which, on Feb. 1 of that year, led a California court to hand over control of Britney Spears’ life and finances to her father, Jamie.

Conservatorships are a legal concept governed by state law whereby a court appoints a person or organization called a conservator to care for another person, a conservatee, who is deemed incapable of caring for themselves or their financial affairs. The state of California, in particular, differentiates between the so-called Lanterman-Petris-Short conservatorships (used for individuals with serious mental illness who need special care) and probate conservatorship, which can be either temporary or permanent and covers the person’s life, estate, or both.

When a judge made Britney Spears’ controversial probate conservatorship permanent after eight months, People magazine ran quotes from sources that stated, “This is by no means something that’s going to last forever” and that “People shouldn’t read too much into the word ‘permanent’.” Now in 2021, with the #FreeBritney movement growing, The New York Times’ “Framing Britney Spears” documentary coming out, and the next hearing in the ongoing legal battle scheduled for Apr. 27, one thing seems clear. What was expected to be a temporary arrangement turned into a 13-year-long conservatorship that has left Britney Spears with no legal control over her finances and limited control over her personal life.

What that means in practice is that Britney Spears needs her father’s approval for the most mundane things, be it a purchase of a hypothetical caramel frappuccino or a slightly less hypothetical iPhone, which the singer with a $60 million dollar net worth was actually denied until 2019. That on its own wouldn’t be a problem, however. If Britney’s conservatorship were a typical case, it would be clear why she shouldn’t be allowed to spend her money. Permanent conservatorships are restricted to incapacitated individuals, unable to manage their lives, usually the elderly or people suffering from untreatable mental illness or extensive dissability. Spears’ case is anything but typical, though. “From the little I saw and have seen of Britney Spears, there's no way she would, in my mind, qualify for conservatorship under normal circumstances,” said Don Slater, a California attorney specializing in conservatorships, in an interview with Vice.

Indeed, it’s hard to understand how Spears’ conservatorship has lasted so long, as she clearly is and has been well enough to continue working. In the past 13 years, Britney Spears has done everything from being a judge on “The X Factor” and releasing three new albums to raising a million dollars for the Nevada Childhood Cancer Foundation and engaging in social activism landed her an award from GLAAD in 2018.

Unfortunately, it’s easier to understand why the arrangement is still in place despite doubts over its ethics. While there are legal avenues for the conservatee to end or change the conservatorship by filing a motion in court, these avenues are useless in practice while the arrangement continues. Conservatorship takes away an individual’s right to enter contracts. This might sound innocent enough, but it means that the conservatee cannot hire an attorney without a court’s express permission. In Britney’s case, that meant an uphill legal battle against her father, who controlled her money, just to be able to get a lawyer to represent her. And that has only been the beginning of a long fight. Samuel Ingham, Spears’ court-appointed attorney, sued seeking to replace Jamie Spears as the conservator on Aug. 17, 2020, and there’s still no resolution on the horizon.

“Wouldn’t it be something if the giants of mental health care reform in California turned out to be three men named Lanterman, Petris and Short — and a pop singer by the name of Britney Spears?” asked Patt Morrison in his LA Times article, wondering if the singer’s case could be the push needed to change California’s flawed conservatorship laws. Nothing has come to pass yet. But perhaps now, 13 years after Morrison's piece was originally published, and with more public attention than ever, Britney Spears’ lawsuit could change more than just her conservator: It might impact a California law that can turn custody into captivity with almost no way of regaining control.

Full Article & Source:

Wednesday, September 23, 2015

MS Supreme Court Launches Project to Reform Guardianship Conservatorship Laws



Professionals in the medical, mental health, legal and social services fields statewide are meeting at the Mississippi Supreme Court in Jackson. They're concerned about the state's guardianship and conservatorship laws for vulnerable adults and working to develop solutions. Ta'Shia Gordon, with the Court's Administrative Office, coordinated the effort. She says the process should be more user-friendly. The attorney had to help her family after Gordon's father had a stroke.

"Having to navigate the process of getting help and resources to him was a little difficult. So, I can't imagine for someone who doesn't have the education or the training," said Gordon.

Gordon explains a guardianship is used when someone is physically or mentally unable to take care of him or herself. A conservatorship allows someone to manage a person's financial affairs when he or she is unable to do so. Professor Desiree Hensley is here with her students from the University of Mississippi School of Law.  Hensley says a major concern is once a guardian is appointed, the adult loses all legal rights to make decisions.

"So I think one idea that the committee needs to look at is whether or not court should be required to consider whether there's some other means to help you, that allows you to continue to be a decision-maker on your own behalf to the extent that you're able," said Hensley.

Hensley says there's a lack of training and oversight for people appointed to these roles. Also no data are collected. Gordan says they'll begin by implementing short term goals.

"Hopefully we can launch a website to have some information on there for persons who are serving as guardians for family members or people in their community," said Gordon.

A $7,000 grant from the Working Interdisciplinary Networks of Guardianship Stakeholders is funding the sessions.

Full Article & Source:
MS Supreme Court Launches Project to Reform Guardianship Conservatorship Laws