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Britney Spears in 2018
Dave Starbuck/Geisler-Fotopress/picture-alliance/dpa/AP
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“I’m here to get rid of my dad and charge him with conservatorship abuse,” pop icon Britney Spears
told a Los Angeles probate court on July 14th, at the latest hearing in
Spears’ escalating 13-year campaign to end the conservatorships that
have ruled her life since 2008.
Their relationship has only fractured further in recent years and on Monday, Spears officially filed paperwork tor remove her father Jamie from the conservatorship. But
according to experts, whether Spears’ father will be removed and face
criminal charges or civil penalties over what his daughter calls “abuse”
are deeply complicated questions. (Until 2019, Spears’ father, Jamie,
was in charge of both the conservatorship of Spears’ person and a
separate one connected to her fortune.)
There are six ways to end a
conservatorship like the one Spears has lived under for more than a
decade, according to the California courts’ official guidelines. The
majority of conservatorships, like the ones actor Mickey Rooney and
radio host Casey Kasem both lived under, remain in place until the
conserved person dies. But a conservatorship can also end if the
conservator dies or resigns, or if the conservator bleeds the
conservatee of all their assets (“Without assets, there may no longer be
a need for a conservatorship of the estate,” the court helpfully
explains.)
The only two options that don’t involve death, bankruptcy, or Jamie Spears
voluntarily giving up control of his daughter’s $60 million estate are
for the court to remove him as the conservator, or for a judge to
determine that Spears is “able to handle […] her own affairs.” Both
scenarios are rare, but what may be even rarer is for a conservator that
has abused his position of power, as Britney has alleged, to be held
accountable for their actions — exactly how rare, though, is impossible
to say.
Four years ago, the Government
Accountability Office tried, and failed, to determine the scope of
conservatorship abuse in the United States. The extent of the problem,
the report
concluded, is “unknown due to limited data.” Conservatorships and
guardianships are administered under a patchwork of different state
laws, some that employ different rules and terminology. (In many states,
conservatorship of a person is called a “guardianship.”) A prior report
by the same office nonetheless found rampant abuse within the system,
including “hundreds” of allegations of physical abuse, neglect, and
financial exploitation by guardians. A close examination of just 20 of
those cases found guardians stole $5.4 million in assets from 158
victims.
And while “conservatorship abuse” is
not a legal term, Spears does have recourse she could pursue against her
father, explains Josephine Gittler, a professor of law and the
co-director of the Institute on Guardianship and Conservatorship at the
University of Iowa. “The conservator has a legal and ethical obligation
to do their job appropriately,” Gittler says. “Britney’s father is
managing her $60 million estate, and if he misappropriates or misuses
her assets or her funds, then he will be subject to criminal or civil
liability under the laws of California — not, per se, for
‘conservatorship abuse,’ but because he has committed a crime that
involves misuse or misappropriation of funds.” (Spears has publicly accused
her father of approving the use of lithium to control her, of forcing
her to work against her will, of threatening to cut off access to her
children, and of refusing to allow her to remove her IUD or remarry. She
has expressed outrage over her requirement to pay him for his work as a
conservator, despite her vehement opposition to his involvement in her
affairs and her efforts to have him removed. Spears has not formally
accused her father of misappropriating her money.)
“Britney’s father is managing her $60
million estate, and if he misappropriates or misuses her assets or her
funds, then he will be subject to criminal or civil liability” – Law
professor Josephine Gittler
Spears currently has two different
conservatorships: one of her fortune, and one of her person. Jamie
Spears was the conservator of both until September 2019, when he
resigned as conservator of her person, citing “personal health reasons.”
(Jamie Spears’ colon ruptured in 2018.) Jodi Montgomery, a professional
conservator who served alongside Jamie for several years, took full
responsibility for overseeing Britney’s personal decisions at that time.
Today, Jamie remains co-conservator of his daughter’s
multimillion-dollar estate alongside the wealth management firm Bessemer
Trust, which, amid increasing public scrutiny of the arrangement, asked
to withdraw from the case last month. A judge has yet to rule on that
request.
To prove that her father has abused
his position of power, Spears and her legal team would have to show that
he misappropriated or misused her money — but, Gittler says, a
conservator would also be at fault if they overcharged for the work that
they had done. “It also is a violation of the conservator’s
responsibility and duties to charge excessive fees or unwarranted fees —
fees for things that he or she really hasn’t done,” she says.
According to The New York Times,
Jamie — who is responsible for approving all of the estate’s expenses
— receives roughly $16,000 per month as a salary for his work as
conservator, in addition to $2,000 monthly rent for his office. The Times
also reports that Jamie received a 2.95 percent commission on his
daughter’s 2011 Femme Fatale tour, which grossed $68.7 million, and 1.5
percent of the $138 million the singer earned on merchandise and ticket
sales from her Las Vegas residency.
“The court is supposed to oversee and
monitor what the conservator is doing and make sure they’re performing
their duties and responsibilities appropriately and that the person
under conservatorship is being cared for and protected,” Gittler says.
“The court, for example, should be reviewing for the last 13 years what
the conservator — in this case, Britney’s father — has been doing in
managing her financial affairs, and the fees that he’s charging. And if
he hasn’t been doing what he is supposed to do, the court should have
stepped in.”
But she adds, “One of the problems
with state guardianship and conservatorship systems is that the main
safeguard for the care and protection of persons under conservatorship
and guardianship is court monitoring and oversight of conservators and
guardians — and, unfortunately, all too often that court monitoring has
been ineffective.”
Notes written by the new judge in
Spears’ case concerning other aspects of the conservatorship raise
questions about how closely the court may have been paying attention
over the past 13 years. As Rolling Stone previously reported,
Judge Brenda Penney pointed out to Spears’ lawyer in April that a court
order that would have given Spears’ conservator the power to make
medical decisions on behalf of the pop star — an order which Spears’
former lawyer, Sam Ingham, believed was in effect — did not appear to
have ever been filed in the case. (Ingham did not respond to a request
for comment from Rolling Stone.)
Spears’ family first pushed to put the
pop singer in a conservatorship in 2008, during a meltdown documented
by — and arguably caused by — relentless paparazzi attention at the
height of the singer’s career. Her family’s concern at the time reportedly
stemmed in part from the sway her manager Sam Lutfi held over the pop
star’s finances, as well as allegations that he gave Spears drugs.
(Lutfi has denied the accusation.)
“In my opinion, it’s not going to
happen that she’s ever going to come out of this conservatorship. I
don’t see it. There’s so much money at stake here,” says
Catherine Falk, an activist who works with the National Association to
Stop Guardianship Abuse but is not personally involved in Spears case. “Everybody’s
profiting off of Britney Spears — even the courts are profiting off of
her. It’s not in their best interest to just end this conservatorship.
There’s so much money involved.”
“Everybody’s profiting off of Britney
Spears — even the courts are profiting off of her. It’s not in their
best interest to just end this conservatorship” – activist Catherine
Falk
Falk is admittedly cynical about the conservatorship system. The daughter of Columbo
actor Peter Falk became an activist for conservatorship reform after
she was barred from visiting her father, who had been placed in a
conservatorship administered by his second wife. Since then, she has
advised the families of other celebrities grappling with the vagaries of
the conservatorship system.
There are numerous examples of
conservators who have been held accountable for abusing their positions,
Falk says, but often, in her experience, not until the conservatee has
died. She is leery, based on her own knowledge with the conservatorship
system, that Spears will triumph in a suit against her father. “I just
don’t think it’s possible,” Falk says. “Everything has to be granted and
OK’d by the judge, and that’s the safeguard that these unscrupulous
guardians have — being rubber stamped to conduct themselves in this
manner. That’s the sad reality of it: There’s no protection.… She
doesn’t really understand the well-oiled machine inside the probate
system.”
Another obstacle to ending her
conservatorship, Falk says, is Spears’ insistence that she not be forced
to undergo a medical evaluation, as required by law. (Spears told the
court in June that she wanted to end the arrangement without being
examined.)
Years ago, Falk worked with the family
of Randy Meisner to help the Eagles bassist end his temporary
conservatorship. In Meisner’s case, Falk says, a medical evaluation
helped convince the judge the arrangement was no longer necessary. That
report was written by Dr. James Spar, the same L.A. psychiatrist whose
2008 evaluation laid the foundation for Spears’ conservatorship. (“He’s
the most famous, reputable doctor for L.A. courts,” Falk says. Even Adam
Streisand, whom Spears attempted to retain as her lawyer when the
conservatorships went into effect in 2008, but who was barred by the
judge on the basis of Spar’s report, told Rolling Stone he is “a very highly regarded psychiatrist.”)
“There’s no way a judge is going to
let her out without being evaluated either by Dr. Spar or by a
psychiatrist who is equally powerful in L.A. County as Dr. Spar,” Falk
says.
The tragic irony of Spears’ case is
that her best hope to free herself from the conservatorship may come
from the intense media scrutiny that was responsible, in part, for
creating the circumstances that pushed her into the conservatorship in
the first place. If Spears succeeds at freeing herself from the
conservatorship, Falk says, “it’s only because of the media attention
and because of the scrutiny that this case received that millions of
cases, just like hers, have not.”
“The fact that the judge is granting
her a private attorney is unheard of in conservatorships.… Things are
being done now that are just never done,” Falk adds. “I think the judge
is doing that because of the media scrutiny.… It’s saving her — the
media is literally giving her that lifeline.”
