The Britney Effect

What is a Conservatorship and How are Lawmakers Targeting Conservatorship Abuse?

The #FreeBritney movement has brought widespread attention to conservatorships. In recent testimony before a judge, Britney Spears discussed her experience living under a conservatorship for the past thirteen years. Spears’ conservators, which include her father Jamie Spears, have had total control of Spears’ life – from medical and financial decisions to the ability to drive, leave her home, vote, and choose her birth control.

What is a Conservatorship?

Conservatorships are established by court orders. In California, where Spears was placed under a conservatorship in 2008, a conservatorship is defined as a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.

Generally, conservatorships are used as a last resort when previous attempts to protect an individual’s welfare have been unsuccessful.

Conservatorships are governed by state law. Each state has its own incapacity guidelines and petition process. Decision-making standards and guardian qualifications also vary widely by state. In Arkansas, proof of incapacity is not needed to establish a conservatorship. The laws governing conservatorships in Arkansas are set forth in Ark. Code § 28-67-101-111.

While Spears’ conservatorship is perhaps the most widely-known, the Department of Justice estimates there are approximately 1.3 million active adult guardianship or conservatorship cases in the United States. While conservators often serve in the best interest of the conservatee, these cases are often ripe for financial exploitation. At least $50 billion in conservatee assets are held under conservatorships, according to the DOJ. 

Legislative Efforts to Target Abuse

In California, lawmakers have sponsored several bills to reform the state’s conservatorship system.

Assemblyman Evan Low sponsored Assembly Bill 1194, which Low describes as “a comprehensive bill to reform California’s conservatorship system by ensuring fiduciaries are supported and held to the highest standard while closing loopholes in a system that lacks accountability and transparency.”

Senate Bill 602, sponsored by Senator John Laird, requires conservators to submit comprehensive care plans. “With SB 602, we ensure care plans are properly detailed and reviewed by courts, certifying transparent fairness for those living under conservatorships,” Laird said.

Senate Bill 724, sponsored by Senator Ben Allen, enables conservatees to choose their legal counsel. In California, only attorneys on a court-approved list can represent conservatees, according to a press release from the bill sponsor.

The #FreeBritney movement also has inspired action at the federal level. On July 20, 2021, lawmakers on Capitol Hill proposed bipartisan legislation that would prevent conservatorship abuse and exploitation. U.S. Representatives Charlie Crist (D-FL) and Nancy Mace (R-SC) sponsored the Freedom and Right to Emancipate from Exploitation (FREE) Act. According to the sponsors, the bill would take a four-pronged approach to protecting Americans under guardianship and conservatorship by:

  • Giving Americans the right to petition the court to have their guardian or conservator replaced without needed to prove misconduct or abuse

  • Assigning an independent caseworker to monitor for signs of abuse or neglect

  • Requiring guardians and conservators to disclose their finances to ensure no conflicts of interest

  • Requiring states to submit annual reports on guardianship and conservatorship in their states

Despite the partisan rancor within Congress, the sponsors are hopeful the bill will attract further bipartisanship support. 

In the Senate, U.S. Senators Elizabeth Warren (D-MA) and Bob Casey (D-PA) have called on the Department of Health and Human Services and the Department of Justice to produce more information about conservatorships across the nation and have called for increased oversight from the federal government over conservatorships.

As one of the world’s most famous popstars, Spears has been leading trends for decades, and it appears Spears’ experience has sparked what could be a productive conversation about conservatorships.

Kelly Sullivan