Britney Spears has made clear how frustrated she is with the legal arrangement that has controlled her life for 13 years, but the singer will need patience before finding freedom.
Key points:
- The conservatorship began in 2008 when Ms Spears suffered a mental health breakdown
- She wants the arrangement ended without having to undergo more psychological testing
- Legal experts say Ms Spears may have more luck having the restrictions loosened
Legal experts say that wanting out of a court-appointed conservatorship is easier said than done.
Ms Spears, now 39, will have to convince the judge she is capable of managing her personal affairs and assets worth around $US60 million ($79 million), according to court documents.
"Once a person is under a conservatorship, it's difficult to get out of it because the court does not want to remove those protections only to have the conservatee taken advantage of," said Los Angeles-based family lawyer Christopher Melcher.
"They would have to demonstrate that it's no longer necessary."
In emotional and angry remarks to the judge overseeing her case, Ms Spears on Wednesday described the conservatorship as abusive, stupid, embarrassing and demoralising.
The singer begged for the arrangement to be ended without having to undergo more psychological testing.
"If I can work and provide money and work for myself and pay other people — it makes no sense."
On Thursday, Ms Spears apologised to fans via an Instagram post for "pretending like I've been OK the past two years".
"I did it because of my pride and I was embarrassed to share what happened to me," she wrote.
The conservatorship began in 2008 when Ms Spears suffered a mental health breakdown.
The nature of her mental illness has never been disclosed.
A year later she made a comeback, released new albums and performed live for 10 years until late 2018.
Judge Brenda Penny praised Ms Spears for her courage in speaking out but said that Ms Spears needed to submit a petition to the court requesting the termination of the conservatorship before any next steps could be taken. No new dates were set.
Petitioning the court
Ms Spears said she was unaware she could petition the court to end the conservatorship, which has raised questions regarding her court-appointed lawyer.
"I didn't know I could petition the conservatorship to be ended," she said during the hearing. "I'm sorry for my ignorance, but I honestly didn't know that."
She also said that her lawyer, Samuel Ingham — who was appointed to her in 2008 — told her that she was not allowed to disclose information to the public.
Scott Rahn, a lawyer with expertise in trusts and conservatorships, says it is not as simple as presenting at court.
"Everybody thinks that you simply walk into court with your case and the judge is going to hear me and the judge is going to understand that what I want is what is right, and they're going to give that to me. And it simply doesn't work that way.
"It has to be warranted."
Under the terms of conservatorships in California, the judge would usually send a court-appointed investigator to speak with Ms Spears and other interested parties, including the singer's parents Jamie and Lynne Spears, her care manager and the financial institution that manages her business affairs.
The judge would make the final decision.
Ms Spears may have more luck winning a loosening of some of the restrictions she now faces.
She mentioned wanting to choose her own lawyer, marry and have another baby, have her nails and hair done, and have a therapist come to her rather than vice versa.
Lisa MacCarley, a probate and conservatorship lawyer who supports the #FreeBritney movement, said Ms Spears had been "treated shabbily" under the conservatorship.
"Britney Spears needs to get into an office of a competent and independent legal adviser and weigh her options," Ms MacCarley said.
Reuters
https://news.google.com/__i/rss/rd/articles/CBMicWh0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDIxLTA2LTI3L2JyaXRuZXktc3BlYXJzLWNvbnNlcnZhdG9yc2hpcC1sZWdhbC1leHBlcnRzLXNheS1ub3QtZWFzeS10by1lbmQvMTAwMjQ0MDcy0gEoaHR0cHM6Ly9hbXAuYWJjLm5ldC5hdS9hcnRpY2xlLzEwMDI0NDA3Mg?oc=5
2021-06-26 22:52:18Z
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